Court of Appeal’s Confirms Ruling for 100% of Assets to go to Ex-Wife in Divorce Case

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A hospital consultant has been ordered to pay to his ex-wife his entire estate in an “extraordinary” 100 per cent divorce ruling, which is being referred to as “an extraordinary departure from equality”.

The parties were both medical professionals married in 2002 before separating in 2011 at which point the husband, Dr Aly, moved to Bahrain. Since 2012 Dr Aly has not paid any maintenance or child support.

Out of the reach of the Child Maintenance Service (formerly the Child Support Agency) and Courts of England and Wales, it was considered that Dr Aly may never pay maintenance to support his wife and their two dependent children.

To provide security for the ex-wife and children, the family’s entire £550,000 estate is to be transferred to the ex-wife.

Lady Justice Macur said Dr Aly had shown himself to be “unwilling” to provide any support to his former family.

Upholding the award, Lord Justice McFarlane said: “The judge had in front of him a case where he was entitled to hold there was no realistic expectation of getting any further maintenance out of the husband.

“He was beyond the reach of enforcement of courts in this country. He hadn’t been paying for the previous two years. The judge was required, in determining the outcome of the financial provision proceedings, to give first consideration to the welfare of the two children.

“On the case before the judge, the wife was to have the sole responsibility and financial burden for bringing these children up.

“The judge, therefore, concluded that she should have the lion’s share, if not all, of the assets, as she needed them to house herself in appropriate accommodation and make provision for these children.

“Thus it was that he awarded her a far more substantial lump sum than would otherwise have been the case if equality was the only yardstick.”

The husband was found to have abdicated his responsibility and therefore despite the outcome being exceptional it is fair.

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Gill Carr

About Gill Carr

Gill Carr is an Associate Solicitor within the Family department at Forbes Solicitors. Gill’s blogs cover his specialisms of child protection, acting for both parents and children together with family members. Gill also advises and comments upon forced marriage, divorce, separation, child arrangements and financial matters. Gill writes about current legislation and case law relating to family law.
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