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Common questions

  • Usually, each person pays their own costs. In some cases, the court may order one person to contribute to the other's fees.

  • Postnuptial and prenuptial agreements are increasingly worthwhile if you have assets that you want to ring-fence/protect against any future financial claims made by your spouse/civil partner. They are like an insurance policy and can also be used to protect assets likely to be received by way of future inheritance. They can also protect your interests if you are marrying or have married/entered into a civil partnership for a second or subsequent time.

  • With international jurisdictions and laws at play, accurate and comprehensive documentation can prevent misunderstandings and legal complications. It is essential to provide detailed evidence of ownership, especially when dealing with foreign properties or investments.

  • Credit health can influence your ability to secure loans, buy property, or even establish utilities. If credit was shared during the marriage, it is crucial to establish one’s own credit history post-divorce/dissolution.

  • Where a property is owned as Joint Tenants, by severing this this means the property will then be owned by the parties as Tenants in Common with specific shares.
  • Not necessarily. With our expertise we can ensure that your case is dealt with fairly and that long-held family plans are upheld where it is fair to do so.

  • No. Divorce ends the marriage but does not finalise financial claims. We help clients understand why a financial order is important and how to resolve finances fairly and securely.

  • Usually not. Winston Solicitors explores offsetting and restructuring so our clients can retain control.

  • Not at all. Early advice often helps reduce conflict by setting expectations and exploring constructive options. At Winston Solicitors, we focus on clear, practical guidance and avoiding unnecessary escalation wherever possible.

  • No. While equality is a starting point in some cases, the court’s focus is fairness based on your individual circumstances. We help clients understand what a realistic and fair outcome may look like.

  • Yes. As long as your employer was also partly to blame, you may still be able to claim compensation.

  • Yes, but the claim is typically made against the owner’s home insurance, so it won’t be a personal expense for them.

  • Where liability is not in dispute, it is possible to arrange for an interim or early payment for certain losses e.g. loss of earnings. All interim payments are deducted from the final damages award.

  • Yes. A solicitor protects your rights and helps you get the right amount of compensation, so you’re not pushed into taking a low early offer from insurers.

  • Most claims are settled out of court with your employer’s insurer. Going to court is rare and we’ll support you every step if needed.

  • You do not have to make a claim directly to the responsible party. We will take instructions from you as to the circumstances of the accident and the extent of your injuries. We will then submit your claim to the insurers on your behalf setting out your claim.

  • You usually have 3 years from the date of the accident, or from when you first realised you were injured.

  • You generally have three years from the date of the accident to start a claim. However, exceptions can apply, so contact us for tailored advice.

  • You usually have three years from the date of the incident to start a claim. For children, the three-year limit begins on their 18th birthday.

  • The length of time varies depending on the complexity of the case. Simple cases can be resolved within 6-12 months, while more serious claims may take longer.

  • The value of your claim will be based on the medical evidence. No claim is settled without your specific authority to do so. This ensures that you keep absolute control of your claim. Compensation is generally divided into two parts:

    General Damages

    These are damages for pain and suffering including the loss of the ability to do certain tasks, hobbies etc. This award compensates you for the suffering you have encountered usually in its physical form e.g. whiplash, broken leg, strained muscles etc. However, it is also possible to be compensated for psychological distress and conditions such as Post Traumatic Stress Disorder.

    Special Damages

    You will also receive compensation for specific quantifiable losses attributable to the accident. These include loss of earnings, car hire expenses, care and services, extra expenses (e.g. travel costs incurred going to doctors, hospitals, etc,) damaged clothing, and prescription charges. All we ask is that you keep a note of any expenses, and preferably receipts so that when we eventually calculate your claim for special damages, we will be able to include all relevant items.

    If the injuries were the result of a criminal attack then you might be able to claim from the Criminal Injuries Compensation Authority (CICA). We have devised a CICA calculator to give victims an idea as to how much compensation they could be entitled to.

  • We will cover the cost of all expenses incurred in pursuing your claim whether they are medical fees, court fees, barrister’s fees, or other related expenses.

  • You can claim for pain, lost income, medical bills, travel, and more. We’ll explain everything based on your situation.

  • If the insurer admits liability and agrees to deal with your claim, they will also meet part of your legal fees. A deduction will also be made from your damages award to cover the costs of running your claim.