The Court of Appeal has made a decision that all of a couple’s assets amounting to £550,000 should be awarded to the wife.

After a long marriage the parties separated in 2011. After they separated the husband Essam Aly moved to Bahrain to work and live there. He made no attempt to pay any maintenance whatsoever with respect to the two children of the family and his wife.

Lord Justice McFarlane, a leading Family Law Judge in the Court of Appeal , upheld the decision to give all of the assets to the wife because effectively the husband had “abdicated responsibility” for her and his children.

He added further:

“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.”

Had the husband behaved honourably then it is likely that the capital assets would have been divided equally, but the husband in that case would need to pay maintenance.

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