Disability as a section 25 factor

Naomh Gallagher, St John’s Buildings

Despite disability being a Section 25 factor in its own right, there is a dearth of resources specifically addressing the same. Often rolled into earning capacity, disability in one or more parties to financial remedy proceedings gives rise to multiple issues beyond mere earnings. In this article, four of the more commonly seen issues are considered through case law. The article considers:

-       whether or not it is possible to ring fence personal injury or life insurance payouts, or otherwise reflect the source of the funds in a final award;

-       the role life expectancy predictions will play in proceedings when calculating Duxbury awards;

-       the commonly raised argument on timing of diagnosis where this has been post-separation; and

-       to what extent clients can expect to be insured against care home fees in the future.

The full article has published in the January issue of Family Law. Find out more or request a free 1-week trial of Family Law journal. Please quote: 100482

Read the full article here.