Ex-wife wins £285k of crash victim’s payout

A DISABLED man who lost his leg in a road accident has been ordered to hand over more than half of a £500,000 payout to his ex-wife in a divorce settlement.

By JOHN CHAPMAN

PUBLISHED: 00:00, Tue, Feb 8, 2011

He married Catherine in 2004, five years after receiving a £500,000 compensation payout in 1999. They had two children but split in 2008.

At last May’s divorce hearing, Mr Mansfield was horrified to hear a judge say that his compensation should be “put in the pot” and divided as an asset of the marriage.

Barrister Alan Barton told the Court of Appeal that his client Mr Mansfield faced losing his specially adapted house after his 37-year-old ex-wife was given £285,000 from what was his only means of support.

Mr Barton said that, if the decision was allowed to stand, Mr Mansfield would have to move to a cheaper part of the country away from his children.

NHS health worker Mrs Mansfield, of Chelmsford, was present yesterday to hear the two judges urge the former couple to settle their differences by mediation before any full appeal. They warned of “potentially enormous legal costs” unless they did so.

Mr Mansfield said after the hearing: “The same could happen to anyone. They could get compensation, then meet someone years later and have it taken away.”

Mr Barton said: “It is a very unusual case. There have only been three cases involving similar situations in legal history, and nothing exactly like this before.” He said Mr Mansfield had experienced a “manifest injustice” and the divorce judge had “ignored his needs as a disabled man”.

Lady Justice Black, granting permission to appeal yesterday, said: “The husband’s disabilities are an important factor in this case.”

She said the case was unique “because the only capital arises from the damages awarded and he met the wife in circumstances of enduring disability”.

Fellow judge Lord Justice Thorpe added that the case raised “an important point of principle”.

He said it had been argued that “if we say ‘go away’ today, and don’t grant permission to appeal, we are rubber-stamping an injustice”.

Mr Barton earlier told them: “Where a wife marries a husband who is seriously disabled, and all the assets come from his damages, how far do his needs as a disabled man have any priority over the ideal situation the wife would like to be in?”

If the couple cannot reach a settlement, a full hearing will take place before three judges

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2691 days ago

catherine titmus

Ex wife wins part of compensation payout\r\r Just how much of this man’s compensation payout, did the greedy wife help to EARN?
I thought that the spouse was only entitled to half of the earnings accrued by the partner in the time they were together, ie. what they HELPED to earn. So did this wife help her husband to have his accident? No! Did she help him to aquire the injuries he has suffered? No! So at most , she could be entitled to HALF of the INTEREST on HALF of the Payout for the time she was married to him. Come on Judges wake up and read your own rules.

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2691 days ago

dave kent

why\r\rif the ex wants have of his settlement, perhaps she should have her leg amputated, scheming cow

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2692 days ago

ROSIEBOND

Travesty.  I thought the law allowed for medical payments PRIOR to marriage to be exempt the same as Inheritance received prior to marriage.

For once we can side with the husband & that she feels justified taking 50% of the medical settlement which he needs for his care. That he might lose his house which has been modified  is more than mean what is the matter with her? A few thousand would be more than adequate but 50% ... what is the judge thinking ??

Mean and cruel.