Ex-wife is awarded all assets in rare divorce case judgment

By Lenore Rice

Family law courts normally approach the division of assets in a divorce case from a starting point of aiming for equality, but in one rare case an ex-wife was granted all of the couple's £550,000 fortune.

Enas Aly will receive a property and savings of over £300,000 after a family court judge ruled that she should receive the entire wealth that she and her ex-husband Essam Aly had accumulated. In 2011 Essam left his wife and two children after 9 years of marriage, and moved to Bahrain. He has not paid any child support or maintenance and has undergone an Islamic marriage ceremony and had another child.

A Family Court ruled last year that Mrs Aly should receive all of their assets and the matter was then taken to the Court of Appeal by the husband. Mr Aly's barrister criticised the original decision as being unfair and "an extraordinary departure from equality".

However Lord Justice McFarlane upheld the decision, saying Mr Aly had "abdicated responsibility" for his ex-wife and children, and that the court was "faced with a serial defaulter" and had to consider how "to make proper provision" for the family. He said that the previous judge was "entitled to hold there was no realistic expectation of getting any further maintenance out of the husband", who was out of the "reach of enforcement of courts in this country" and had paid no maintenance in 2 years.

If you require legal advice from a divorce solicitor in Northern Ireland contact Wilson Nesbitt in Belfast or Bangor by calling 0800 840 1363.

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