Call our helpline for a free review on 0333 888 0408 or

Call our legal helpline on 0333 888 0408 or

Call our legal helpline on 0333 888 0408

Personal injury compensation and divorce

Untitled-1_0004_iStock-1146474107 (1)
It has long been the case that judges sorting out financial matters between divorcing couples would tacitly ignore compensation that one of them had received as a result of an injury claim. The logic was that such awards were uniquely personal to the individual and should not be considered as part of the matrimonial assets.

A recent court decision may have an important impact on personal injury compensation and divorce

In the recent case of Mr and Mrs Mansfield, that has all been thrown to the wind. Mr Mansfield had been awarded personal injury compensation of £500,000. He used some of that money to buy a specially adapted house to help with the consequences of his injuries. He then married and he and his wife had two children, with the house becoming their family home. In effect, his £500,000 had provided most of the family assets.

When the couple later divorced, the judge ordered that the house should be sold and the proceeds split, with Mr Mansfield to get one-third. The rest was to go to his former wife. The only leeway was that the sale was to be postponed until the youngest child reached 18 or ended full-time education. Such an order is common where the parties have essentially only one main asset between them – the matrimonial home – and the needs of the children for that home take precedence over the husband or wife being paid out their share of its value.

However, this case is the first time that I’m aware of where the court has effectively ordered one divorcing party to hand over a very large chunk of their injury compensation to the other, even though it was done through the medium of the sale of the property which that compensation had bought.

This could mean that any injured claimant who is about to receive a significant amount of money and intends to invest it in a home; or who is about to get married and use that money on his family; or both… needs to be very carefully advised about how to ensure that if the relationship founders, the money does not go the same way. The most likely answer is to ensure a suitable agreement is entered into between the parties to the effect that if they separate, there will be no claim on the compensation money or on the assets bought with it.

For guidance on personal injury compensation and divorce call us on 0333 888 0408.

Lee Dawkins

Lee Dawkins

Over the past 30 years Lee has overseen the expansion of the firm’s litigation department. He developed our personal injury and clinical negligence teams, creating various niche areas that now enjoy a national profile. He pioneered contentious probate, setting up one of the UK's leading inheritance dispute teams and established Slee Blackwell as a force within claimant professional negligence. He now works as the firm's marketing partner.
Lee Dawkins

Lee Dawkins

Over the past 30 years Lee has overseen the expansion of the firm’s litigation department. He developed our personal injury and clinical negligence teams, creating various niche areas that now enjoy a national profile. He pioneered contentious probate, setting up one of the UK's leading inheritance dispute teams and established Slee Blackwell as a force within claimant professional negligence. He now works as the firm's marketing partner.

Share this post:

Share on facebook
Share on twitter
Share on linkedin
Share on email

Share this post:

Share on facebook
Share on twitter
Share on linkedin
Share on email

Related articles:

Call the Slee Blackwell helpline on 0333 888 0408