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Ex-Wife Wins All Husbands Assets in Landmark Case

In a landmark case in the UK, an ex-wife has been awarded all of her husband’s assets and his entire £550,000 fortune.

Dr Essam Aly, a hospital consultant, lost his entire fortune to his ex-wife Enas Aly after allegedly stating that he “washed his hands” of his family. Despite appealing that the ruling was unfair, the judge ruled that the initial settlement was fitting as he had neglected his family.

Dr Aly took the decision to the Appeals Court, but the judge stated in the appeal that the consultant did not deserve a penny of his fortune after abandoning his family. Dr Aly had not been paying child support to his ex-wife leading to his wife winning his assets. In total, Enas Aly was awarded the lump sum from the sale of a house as well as £310,000 from her former husband's bank account. Dr Aly had left the UK and stopped paying child support.

Failed in Duty of Care

Lord Justice McCombe believed that the original decision to award Dr Aly's ex-wife was correct as he had abandoned his duty of care. When speaking to the court as he upheld the ban he said: "What was the judge supposed to do, faced with a serial defaulter, to make proper provision for this family?

"The wife is looking after the children and the father has washed his hands of them."

"He was beyond the reach of enforcement of courts in this country. He hadn’t been paying for the previous two years.

"The wife was to have the sole responsibility and financial burden of 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."

Getting a Divorce

Our team of solicitors understand the difficulties that can arise when beginning divorce proceedings or obtaining a divorce. To obtain a divorce in Scotland, you must be able to prove that the marriage has broken down irretrievably. Examples of such behaviour could be your partner has behaved unreasonably, adultery, if you have lived apart for at least one year and you both agree to the divorce or if you have lived apart for at least two years but one of you doesn’t agree to the divorce. If both parties agree to get a divorce, the court will begin to divide assets or even negotiate childcare. However, it is possible to settle outwith court or come to a legally binding formal agreement. For many parties, with children involved, in particular, this is a more popular practice.

Contact Us

A divorce can be a stressful and worrying time, we know the issues that can arise during a divorce, however, our solicitors can provide the best guidance and advice to ensure that the proceedings go as smoothly and as stress free as possible To talk to one of our family lawyers in Aberdeen and to find out how they could help you, contact us today using our online contact form.

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