8th February 2010

The divorce financial settlement of a 41-year-old accident compensation recipient has been extensively reported upon in the national press after it emerged that a family court judge awarded his ex-wife more than half of his £500,000 damages award.

The man, from Chelmsford, Essex, suffered severe personal injury in a car accident which occurred in 1992. In 1998 he was awarded the compensation settlement which, due to the severity of his injuries, formed the basis of his income from then on.

He met his wife in 2002 and they had two children together, but the marriage broke down in 2008.

In May 2010 a family court judge ruled that the damages award should be "put into the pot" to be divided and awarded £285,000 to the man's ex-wife.

The injury victim appealed the decision. His divorce solicitor argued that the ruling had been too focused upon "the ideal situation that the wife would like" and had "ignored [his client's] needs as a disabled man".

This case highlights the difficulties faced by some couples when deciding an appropriate division of assets upon divorce and the appellant voiced concerns for other disabled persons, such as injured soldiers who receive compensation, who may face a similar situation if their marriage breaks down.

Lady Justice Back gave permission for the man to have his divorce financial settlement case heard by the Court of Appeal.