Damages are considered an asset of the marriagePrintPdfClose »

09/08/2011

When a married couple with children are getting divorced and the financial arrangements are being considered, the primary concern of the court will always be the welfare of the children.

In a recent case, the extent to which this principle applies was evident and led to an interesting variation to the general rule that pre-marital assets are primarily to be regarded as the assets of the person who brought them into the marriage. The case involved a couple who had divorced after 8 years of marriage. They had two children. Five years before meeting his then wife, the husband was injured in a car crash and received £500,000 in compensation. He claimed that retention of the award would be fair as it was awarded to compensate him for his injuries.

However, his wife claimed that the sum needed to be taken into account in order to provide a sufficient sum for her to provide for their children, of whom she has custody.

The Court of Appeal agreed and ordered that £285,000 was the minimum sum necessary to provide for the man’s ex-wife and children, but also ordered that £95,000 be repaid to him when the children turn 18 or, if in further education, finish their first degree, or in the event that his ex-wife marries a partner who can support her.

Fiona Yellowlees

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