Tuesday 14 July 2015

Departure from equality?

An interesting story in The Telegraph this week speaks of a landmark case where it was concluded that one family’s entire fortune of £550,000 should go to the wife.

Essa Aly had, in 2011 left his wife and moved abroad.  Out of the system of the Child Support Agency and British courts, it was noted that he had not paid anything towards maintenance or child support since 2012.  Lady Justice Macur saying of Mr Aly that he had shown himself to be ‘unwilling to provide any support’.

Explaining the decision Lord Justice McFarlane said ‘there was no realistic expectation of getting further maintenance out of the husband…and…'to give first consideration to the welfare of the two children’.  It was therefore upheld ‘that he had awarded her a far more substantial lump sum than would otherwise have been the case if equality was the only yard stick.’

To read the full story on The Telegraph website click here.

Do remember we are here to help with all matters concerning divorce - you can get in touch with me with any kind of query.

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