Fleeing overseas to avoid paying? Don’t bank on it!

Appeal Judge Lord Justice McFarlane has upheld the July 2014 decision ordering a father of two to pay all of his £550,000 UK assets over to his ex-wife and children.

Dr. Essam Aly, who was an anaesthetist based in Burton-on-Trent fled to Bahrain in 2012 and simply ‘washed his hands’ of his family leaving his wife Enas Aly and their two children in 2011.

Mrs Aly, a GP in Derby was granted an injunction freezing Dr Aly’s assets which led to the discovery of a number of additional bank accounts.

Upholding the award, Lord Justice McFarlane said “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”.

The Judge felt the case was not a question about equality but one of fairness, with full consideration being the given to the welfare of the children.

Nicholas Clough, Head of the Family Team and Bromleys Solicitors said:

“The number of people leaving for overseas to avoid facing their responsibilities is certainly on the increase. Whether it be to avoid paying maintenance, tax evasion or the payment of debts doesn’t necessarily mean you will be leaving all your troubles behind.

Having advised on a number of similar cases, this might seem an unusual ruling at first glance but one which will set a precedent and hopefully a warning to spouses who try to evade the Court’s jurisdiction”.

If this case strikes a chord with you or you need assistance with any family issues, please do not hesitate to contact a member of our Family Team on the details below:

Nicholas Clough: nclough@bromleys.co.uk

Telephone: 0161 330 6821