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Will my disability be taken into consideration when deciding the divorce settlement?
I am at present going through a divorce. I am 20% disabled, will my disability be taken into consideration when the settlement is being decided? I have been married for twenty years and before I was married I owned my own house and bought another property with this money. Will I get some of my money back?
The Court can take into consideration disability when deciding how to distribute assets on the breakdown of a marriage, how much weight the Court will attach will depend on all the circumstances of the case. Likewise, contribution can be taken into consideration but in longer marriages the Courts tend to err towards equal contribution even if one party did invest more financially than the other, again all the circumstances would need to be considered.
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