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Are personal injury damages protected in the event of divorce?

© Copyright LexisNexis 2024. All rights reserved.
Date:4 FEB 2022
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Adam Maguire

It may seem logical that personal injury damages awarded for someone’s on-going medical needs following a serious injury would be ring-fenced on a divorce. Unfortunately, this is not necessarily the case.

The leading authority on this point is Wagstaff v Wagstaff from 1992 in which, when referencing an attempt to ring-fence damages on divorce, it was stated that “the capital is not sacrosanct nor any part of it secured against the application of the other spouse”.

Read the full article here.

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