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Ex-Wife Wins All of Husband's Estate

In a landmark case for the UK, a woman has been awarded her ex-husband's entire fortune and estate in a divorce battle.

Enas Aly was awarded the £550,000 assets her ex-husband Dr Essam Aly owned after he allegedly "washed his hands" of his family according to a judge. Despite claiming that the decision was “unfair” the decision against the hospital consultant was deemed fair by judges, with the court stating that he neglected his family when he left the UK.

The judge stated that Dr Aly treated his so badly that his wife and children deserved “the lionshare if not all” of the compensation. 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.

Unsuccessful Appeal

Dr Aly had attempted to appeal the decision in Appeals Court however, judges ruled that the decision should be upheld. Lord Justice McCombe defended the original decision made by the judge stating that Dr Aly had abandoned his duty of care. When speaking to the court about the ban being upheld, 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."

The solicitor representing Dr Aly had stated that the ruling was unfair as evidence existed that showed his client was willing to paying £40 for child support.

Obtaining a Divorce in Scotland

In order to obtain a divorce in Scotland, you must be able to prove that the marriage has broken down irretrievably. Unreasonable behaviour, 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 can all be cited in order to obtain a divorce. During a divorce the court will attempt to divide assets or even negotiate childcare. However, it is possible to settle outwith court or come to a legally binding seperation agreement which is often more popular with parties with families. At Family Law Edinburgh, we understand the difficulties that can arise when beginning divorce proceedings or obtaining a divorce and will look to support you at all times through the process.

Contact Us

If you require legal advice regarding any aspect of family law, or if you need legal representation in a divorce battle, contact our team of expert solicitors today using our online contact form.

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