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Advice

Protecting your personal injury award

Wendy Campbell Wendy Campbell
2 min read

If you suffer injuries as a result of an accident and later split up with your spouse or civil partner, he or she can make a claim against your award. In such circumstances your personal injury settlement is not ring fenced and if you do not take action to protect your settlement, it could end up being treated like any other financial asset of the marriage.

What can you do to protect your personal injury award?

If you are already married you can enter into a post nuptial agreement if both parties are in agreement. If you are not already married before you receive the compensation then you should consider entering in a prenuptial agreement. Both prenuptial and post-nuptial agreements are not as yet binding in Court. They can carry significant weight with the Courts if they are properly drafted by a solicitor and guidelines set out in cases in the higher courts are properly followed.

However even if an injured client is not married and has no intention of getting married, if a house is to be purchased and adapted from the proceeds of the award then it is still essential to consider a cohabitation agreement or declaration of trust to properly set out the injured client’s share in the proceeds, where the injured party is in a cohabiting relationship.

We at Winston Solicitors are experts in this area and are able to prepare an agreement which suits your particular needs.

For more information and to see how such an agreement may be beneficial to your situation, please contact Wendy on 0113 320 5000 or by email on family@winstonsolicitors.co.uk.

Try our our renuptial calculator here to see how much you could save.

Client feedback

Wendy Campbell supported me throughout my divorce, firstly with financial settlements and then again with family matters regarding children. I can't thank her enough and would recommend to anyone who finds themselves in this position. Thank you. - September 2025
J Hall, Barnsley
Very easy to make an appointment, and the advice given was presented in a manner that a layman can understand and all questions answered to my satisfaction. have no hesitation in recommending if you need to use their service.
Anonymous
I moved my divorce to Teresa and Judith from another solicitor that I did not have confidence in and what a difference. Their sensitivity and understanding got me through one of the worst times of my life. Their guidance, support and knowledge through the whole drawn out process is so appreciated. Together we managed to achieve a fair settlement. Teresa and Judith absolutely know what they are doing. I cannot recommend them enough.
Pauline
Outstanding Legal Support from Start to Finish:From my initial call to the resolution of my case, the firm and its staff demonstrated exceptional professionalism and care. I would particularly like to commend Mrs Harriet Reid, a family solicitor whose dedication and expertise were instrumental in achieving a successful outcome.Despite having less than ten days to prepare, Mrs Reid devoted considerable time and attention to my case. Her legal knowledge, strategic insight, and empathetic approach were of the highest calibre. She displayed remarkable skill in preparing the case for my counsel, ensuring every detail was meticulously addressed.If I ever require legal representation again, I know exactly where to turn.
Anonymous
Teresa and Judith assisted with my recent divorce and i cannot rate them highly enough, i was talked through every aspect and everything was explained in full and i was kept fully updated and imformed of everything that i needed to do and when it was required for. Their patience when i was working away and understanding was especially appreciated.Once that was all complete Amanda and Samantha and the convayensing team sorted the transfer of the house and the paperwork associated with that.I would highly recommend them and thier company for any legal issues you have and would use thier services again without hesitation.
Richard J
Hannah at Winston helped me with filing the financial issues of my divorce to the court. She liaised with my ex husband as I was at a point I could no longer speak to him. I am very grateful to Winston’s and especially Hannah.
Anonymous
Was very satisfied with all the procedure of getting divorced was kept informed always through and explained all the legality in simple terms
Terry
Wendy Campbell who delt with my devorce was polite and understanding,very pefessional.I could not have ask for a better person to help me through the bad times. Always keeping me up to date with every thing and no problem she could not handle.
Andrew
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