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.

Expert Opinion

“This is a very unusual decision. Where both parties’ needs are met, a 50/50 split of the matrimonial assets is the usual starting point in a divorce settlement. <br/> <br/>“It is not unusual for there to be a departure from equality where needs – especially those of the children – require it, but a 100 per cent award is very unusual because even where one party has a much higher earning capacity they will need some capital. <br/> <br/>“The court will try to reach a fair result in all the circumstances. Here the facts were very extreme. The husband had not met any of his financial obligations towards the wife and children and enforcing any orders for maintenance against him would be impossible because he had moved to Bahrain. The court clearly wanted to ensure that the wife and children were provided for in this situation. <br/> <br/>“The case demonstrates the flexibility of the family court to protect the interests of a disadvantaged party in the face of a serial defaulter.”