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claim for accident

  • soulmanuk
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15 Feb 08 #13959 by soulmanuk
Topic started by soulmanuk
my stbx as an accident claim against a company because she 'fell' down a grate in there car park. as we are getting ready to swap form E. does this fit in 2.14 any asset that is likely to be received in the foreseeable futureand as it to go in the pot which would then entitle me to 50% of it

  • dukey
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15 Feb 08 #13996 by dukey
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Hello ive done a bit of digging and cant find a reason why it would not be included, hopefully another boarder may have a definintive answer for you if not try cab or a free half hour with a sol, dukey

  • Elle
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15 Feb 08 #14068 by Elle
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Two things to consider.....was the claim made before separation...and how much of the claim is required for future needs resulting any injury...eg treatment/adaptations
Elle

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16 Feb 08 #14081 by soulmanuk
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the claim was made after the separation. i had an industrial tribunal claim made after separation and sol said that as to be included as do any lottery wins etc. is this right

  • Elle
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16 Feb 08 #14091 by Elle
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Sorry Soul, I meant was the incident before the separation. It is a very grey area and the determination in the few cases i have read is that if the incident occurred before separation and no value was determined until post separation, the claim is still regarded as a matrimonial asset. As with every case, individual circumstances will determine how this is to be divided. The Judgement of McKay v McKay (accessible from a search engine) may help clarify your query and also mentions other cases used to detemine similar situations.....this case was in Scotland but others can be obtained from court websites.
Hope this is of more help
Elle

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