A man has been ordered to give every penny to his wife after a divorce court ruled that the hospital consultant had “washed his hands” of his family.
Essam Aly left his wife Enas and their two children in 2011 and then moved out to Bahrain. The following year he ceased to pay any maintenance or child support.
Last July, a Judge at Birmingham Family Court had ruled that 100 per cent of the family’s assets (totalling £560,000) should go to the mother.
They had heard representations from Mrs Aly that she had received nothing for several years and that her ex-husband had effectively “abdicated responsibility.”
Dr Aly, who previously worked as an anaesthetist at Queen’s Hospital, Staffordshire, had attempted to challenge the ruling.
His legal team had argued that the 100 per cent divorce ruling was “substantively unfair” and that the court had an obligation to take his needs into consideration.
But this week the Court of Appeal threw out the medic’s appeal, accepting the case that he had been “unwilling” to help his ex-wife and their two children.
Lord Justice McFarlane said: “Looking to the future, there is no expectation that she could look to him for any future payment of maintenance.
“The Judge was required, in determining the outcome of the financial provision proceedings, to give first consideration to the welfare of the two children.
“On the case before the Judge, the wife was to have the sole responsibility and financial burden for bringing these children up… Thus it was that he awarded her a far more substantial lump sum than would otherwise have been the case if equality was the only yardstick.”
“There are cases where the husband gets nothing,” explains Faye Bentley, Lincolnshire divorce lawyer. “Typically this will not be the case but sometimes it is necessary to make an extreme order like this to meet the needs of the children. The husband’s conduct can also be a contributing factor.”
“It’s important that people who are thinking about or going through divorce take proper legal advice from specialist family law solicitors.”
If you have questions about divorce, about your entitlement or what you might have to pay then get in touch with Diane Genders Solicitors, divorce lawyers in Lincoln on 01522 516500.