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Division of the spoils: damages from personal injury awards

Sep 29, 2018, 21:06 PM
Slug : Hatwood-JuneFLJ2013-713
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Date : May 20, 2013, 07:45 AM
Article ID : 102533

Margaret Hatwood,

Anthony Gold Family Team:

This article seeks to look at the case law that has developed dividing personal injury damages on divorce.  Until  the recent case of Mansfield the family courts had not awarded very substantial shares of a PI award to the other uninjured spouse on divorce.  However the Mansfield case has changed the position dramatically in that the wife initially received 47% of the family assets.  The article also looked at the role Mesher Orders could play in such cases.  

The full version of this article appears in the June 2013 issue of Family Law.    

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