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The Court of Appeal have upheld a decision ordering that a wife should retain all of the matrimonial assets on divorce. The wife was awarded the family’s entire assets made up of property and savings to the value of over £500,000. This decision has shocked some as it wholly departs from the Court’s usual approach of equality when looking at the financial aspects of marital breakdown.
Dr Aly, a hospital consultant, left his wife, a GP, and two children, moved out of the country and provided no immediate or ongoing support to the wife or children in the form of child maintenance.
The Court found that Mr Aly was entirely unwilling to provide any support to his wife or children, he was described as a “serial defaulter” and in the eyes of the Court there were no realistic prospects of obtaining any further maintenance for the children in the future. On that basis the Court of Appeal upheld the original decision made in The Birmingham Family Court last year awarding Mrs Aly one hundred percent of the matrimonial assets.
It must be noted that this is an exceptional case with exceptional circumstances but highlights the Courts power to depart from the equality benchmark should, in the circumstances, it be necessary for the future welfare of the family.
At Terry Jones Solicitors we have solicitors specialising in all aspects of family law who can help and assist you in obtaining a settlement on divorce. If you think we could be of assistance please do not hesitate to contact a member of our Family Department who will be happy to help you with any query you may have.
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