The recent Court of Appeal ruling that a hospital consultant anaesthetist, namely Essam Aly, was to give all his £550,000 family assets to his ex-wife by way of matrimonial settlement, has been a stark reminder to all family lawyers and clients alike that the family courts have extensive powers to do anything they consider appropriate to bring about a fair resolution of the issues in cases of marriage breakup, especially when children are involved.
In this case, despite the dramatic headline, the husband in question had left his wife Enas Aly 3 years ago and he then moved to Bahrain, and since his departure he has failed to make child support payments after 2012.
The Court of Appeal considered the issues and decided that they could not enforce the payment of child support on a person who was non-domiciled, and that due to fears that he would never support his ex-wife the draconian order was reasonable in the circumstances.
This decision goes to show how important it is to receive the right family law advice in cases where a division of wealth is likely to be considered, as the 50% starting point is not always the case, especially where exceptional circumstances exist.
Sandra Hickson, Family law specialist at Ellis Hass & Co Solicitors, with over 20 years experience in divorce/children law, said
“This case highlights the need for parties going through a divorce to consider their actions carefully, with a view to reaching some form of compromise if at all possible. Even more importantly, parties at the time of marriage might want to consider the benefits of either pre- or post-nuptial agreements so that each of them understands their financial position at the outset of marriage”.
If you are worried about the financial implications of divorce or how the children will be affected by family breakdown, call Ellis Hass & Co Solicitors on 0800 197 3560 or visit www.ehsolicitors.co.uk arrange a free consultation to discuss the issues with our family lawyers at our Solihull offices . We are here to help and just a click or a call away.