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Advice

Protecting your personal injury award

Wendy Campbell

22 Jun 2015 2 min read

This blog is more than 10 years old

If you suffer injuries as a result of an accident and later split up with your spouse or civil partner, he or she can make a claim against your award. In such circumstances your personal injury settlement is not ring fenced and if you do not take action to protect your settlement, it could end up being treated like any other financial asset of the marriage.

What can you do to protect your personal injury award?

If you are already married you can enter into a post nuptial agreement if both parties are in agreement. If you are not already married before you receive the compensation then you should consider entering in a prenuptial agreement. Both prenuptial and post-nuptial agreements are not as yet binding in Court. They can carry significant weight with the Courts if they are properly drafted by a solicitor and guidelines set out in cases in the higher courts are properly followed.

However even if an injured client is not married and has no intention of getting married, if a house is to be purchased and adapted from the proceeds of the award then it is still essential to consider a cohabitation agreement or declaration of trust to properly set out the injured client’s share in the proceeds, where the injured party is in a cohabiting relationship.

We at Winston Solicitors are experts in this area and are able to prepare an agreement which suits your particular needs.

For more information and to see how such an agreement may be beneficial to your situation, please contact Wendy on 0113 320 5000 or by email on family@winstonsolicitors.co.uk.

Try our our renuptial calculator here to see how much you could save.

Client feedback

Harriet Reid dealt with my divorce aided by her excellent assistant Judith Pearson. Both Harriet and Judith were incredibly quick to respond to any questions or concerns I had during the process. I found Harriet to be ideal for me to talk to as she was direct enough to be able to explain what was happening in "plain English" rather than "legal jargon" and to point out the actions I should and shouldn't take. The process is extremely emotive and a calm understanding advisor is essential.

Richard

I chose Winston Solicitors following a strong recommendation from a close friend, and I have been extremely impressed with the service I received throughout both my divorce proceedings and house sale.A special thank you goes to Teresa and Emily in the Family Law team, who were outstanding from start to finish. Teresa consistently kept me informed about costs and the next steps in the process, which I found incredibly reassuring during what was a very challenging time. Her knowledge, expertise, and professionalism were exceptional, and I am extremely grateful to have had her representing me throughout. Emily’s communication was excellent; she was always prompt, professional, and supportive. Together, they provided guidance and reassurance that made a difficult situation far more manageable.I would also like to thank Laura and Amanda in the Conveyancing Department for their excellent work on my house sale. Their professionalism, efficiency, and attention to detail ensured that everything progressed smoothly from beginning to end.I am genuinely grateful for the support I received from everyone involved and would highly recommend Winston Solicitors to anyone seeking expert legal advice and representation. Their dedication, communication, and client care were outstanding throughout.

Jason

During such a difficult and stressful time I found Winston Solicitors excellent. I worked with Wendy throughout my divorce she was incredible, supportive, hard working and extremely knowledgeable. No question was too silly , no problem was too great for her. I trusted her advice 100% and was more than happy to take her lead. She held my hand every step of the way and for that I will be forever grateful. I have already recommended her to others and will continue to do so. I wouldn't hesitate to use Winston Solicitors in the future

Louise

I am extremely grateful for the support and guidance I received throughout my financial consent order process.Wendy was direct, practical, and very human in her approach. She handled my matter personally, which made a huge difference. I did not feel like I was being passed between assistants or treated like just another case. I felt properly listened to and supported.This was an extremely stressful process for me, but I trusted Wendy completely. Her advice was clear and realistic, and she helped me understand what mattered and how best to move forward.The wording she used in my consent order was particularly strong. She understood my situation accurately and phrased it in a way that clearly explained the reality of the marriage and the financial arrangements. I believe this careful and intelligent wording helped the court understand the case properly and approve the order.I recommend Wendy very highly. She made a very stressful process feel less overwhelming and helped me achieve the outcome I needed.

Anna.

Very professional put me at ease straightaway very helpful I would definitely use Winston’s again and would recommend them to family and friends

Shirley

Harriet Reid went above and beyond throughout the whole process. Her patience, professionalism and impeccable handing of the matter made a stessful situation much easier to bear. Her advice was spot on at all points and the proactive approach was much appreciated. I would not hesitate to recommend Harriet and her team and cannot thank them enough for their support and guidance from start to finnish.

Lisa

Harriet dealt with my problem swiftly and efficiently. I would award her more stars if I could.

Jane

Extremely helpful, efficient & worked within extreme tight deadlines.

Ian