Wife Receives 100% of matrimonial assets in £550,000 payout.

Posted on July 14, 2015

The Court of Appeal has ruled that a wife should be awarded 100% of her husband’s assets following a divorce ruling. In Aly v Aly the husband has been ordered to pay £550,000 after not paying maintenance or child support since 2012 and being accused of having “washed his hands” of his family.

Such an award is very rare, said Daniel Prince, Family Partner, at Pearson Solicitors.

“This case does emphasise the very wide discretion of the Family Court in such disputes and that each case very much depends on its own circumstances.

“The starting point in any case is equality, then the Court can look to the reason why departure from equality should happen. In this case the strong determining factor was the fact the judges found the husband had abandoned his wife and children, started another family in another country and could not be relied on to make future provision.”

It was suggested that anaesthetist Dr Essam Aly, 54, was out of the reach of the British authorities and courts and so the judge ordered that his wife should get their entire fortune

Her case was that he had effectively 'abdicated responsibility' for her and his children, appeal judge Lord Justice McFarlane said.

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 the courts in this country.

For advice on family law speak to one of our solicitors on 0161 785 3500 or email enquiries@pearsonlegal.co.uk

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