100% Divorce Ruling ‘Very Unusual’

Lawyers React After Judge Rules Wife Should Receive Entire Matrimonial Capital In Split


The decision of the Court of Appeal to uphold a ruling which will see a hospital consultant’s ex-wife receive their entire matrimonial capital is a “very unusual” and extraordinary decision, according to specialist family lawyers.

Dr Essam Aly’s former wife Enas is to receive the entire £550,000 matrimonial capital in order to ensure she is able to support both herself and the couple’s two children.

The decision was made after Dr Aly left his then-wife in 2011 and moved to Bahrain. He had not paid any maintenance or child support since 2012. With this in mind, the High Court ruled Enas should receive the full matrimonial capital in order to ensure their security could be assured.

The ruling has now been upheld by the Court of Appeal.

According to Irwin Mitchell’s specialist Family Law team, while courts will take steps to reach a fair decision a 100 per cent ruling in such a case is remarkably uncommon.