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Family Law Blog: Divorce man wants kidney back

Tuesday January 27, 2009 at 1:52pm

It never ceases to amaze how generally sane people can really lose all sense of perspective when it comes to agreeing the finances on divorce.

A US man divorcing his wife is demanding that she return the kidney he donated to her or pay him £1 million in compensation.

Dr Richard Batista said he was frustrated at the slow pace of divorce negotiations with his estranged wife and so decided to go public with his claim. He said he had not only given his heart to his wife, Dawnell, but donated his kidney to save her life.

But divorce lawyers say a donated organ is not a marital asset to be divided.

Dr Batista married Dawnell in 1990 and donated the kidney to her in 2001. She filed for divorce in 2005 and a settlement has still not been reached.

Luckily at Woolley & Co we have never had to handle a case quite as extreme as this. It’s not uncommon however for financial settlements to be held up by parties who simply won’t agree and seem to have lost all sense of perspective on things. Divorce and separation are emotional times, it’s our job to try and keep the emotions in check and help clients reach agreements swiftly, based on all the facts.

Andrew Woolley
Managing Partner
Woolley & Co, family law specialists

» Categories: Divorce
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