Mansfield v Mansfield 2011

[flip_flop]

Interested in opinions of whether people this is fair or not.

Personally, and admittedly on the brief report I have read, I think not.

Briefly, Mr Mansfield was awarded £500k for injuries in an accident.

Five years later he met his now ex-wife.

In a Court of Appeal decision his now ex-wife has successfully argued that Mr Mansfield's compensation should be considered a family asset and she has been awared half.

Opinions?

[jackthehat]

On first reading it seems unfair, however, any other money which he brought into the relationship, from whatever source, would have been treated in exactly the same manner, so perhaps it's fair enough...?

[factor-fiction]

It would depend I think on what the money was for. If it was to pay for care and she provided some of the care then I can see she would be entitled to some. If it was to pay for specialist equipment then it should be ring-fenced for that purpose.
I expect a large part of it was to cover lost future earnings. That element should be treated as if it was earnings so I would expect her to get a share of that part