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Award of all couple’s assets to wife upheld on appeal

Husband ‘abdicates responsibility' for wife and children

The Court of Appeal has upheld an order that all of a couple's £550,000 assets should be awarded to the wife.

The couple separated in 2011. Following separation Essam Aly moved to Bahrain and failed to pay any child maintenance to his wife, Enas, in respect of their two children. At first instance, HHJ Mark Rogers awarded to the wife the proceeds of sale of the former matrimonial home of £250,000 and savings of £310,000.

Lord Justice McFarlane said in the Court of Appeal that the wife's case was that he had effectively "abdicated responsibility" for her and his children.

He added:

"Looking to the future, there was no expectation that she could look to him for any future payment of maintenance and it was therefore necessary for her to achieve an award representing effectively most of the capital assets.

"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."

The Court upheld the award.

For a fuller details of the case, please see The Telegraph.

19/7/15