Mil­lion­aire ‘is not re­spon­si­ble for daugh­ter after di­vorce’

The Daily Telegraph - - News - By Daily Tele­graph Re­porter

DAUGH­TERS do not be­come their fa­ther’s re­spon­si­bil­ity again once they get di­vorced, the Court of Ap­peal has ruled, as it granted a woman an ad­di­tional pay­out.

Hayat Alireza, 38, was given £2mil­lion when she first split from her City banker hus­band Hos­sam Rad­wan, 46, but asked for an ex­tra £5.5mil­lion to buy a home fit for her and their three chil­dren to live in.

Her claim was re­jected in Au­gust 2016 by Fam­ily Division Judge Mrs Jus­tice Roberts be­cause she is ex­pected to in­herit £100mil­lion when her mul­ti­mil­lion­aire fa­ther dies.

How­ever, that de­ci­sion has now been over­turned by the ap­peals court.

Lady Jus­tice King, sit­ting with Lady Jus­tice Gloster and Lord Jus­tice Lewi­son, said it was “hard to see” where you had a hus­band with mil­lions in as­sets and an earn­ing ca­pac­ity of £350,000 that: “It can be right to con­clude that his wife of 14 years, with no earn­ing ca­pac­ity and three chil­dren to care for, one of whom has spe­cial needs, should be de­nied a cap­i­tal settlement suf­fi­cient to al­low her to buy a prop­erty out­right in her own name.”

She said Mrs Jus­tice Roberts “made an or­der which de­nied this wife any recog­ni­tion in the form of a cap­i­tal settlement to re­flect her con­tri­bu­tion to the mar­riage”.

She added that, tak­ing ev­ery­thing into ac­count, it ex­posed a “fal­lacy” that “the wife only needs a roof over her head un­til the fa­ther dies”.

Robert Peel, Ms Alireza’s QC, had ar­gued that it was “un­fair” that her el­derly fa­ther should be ex­pected to look after her. “The judge is plac­ing on the wife’s fa­ther an obli­ga­tion to en­sure the wife is pro­vided for,” he said.

“There is no prin­ci­ple of law that a wife should be­come the re­spon­si­bil­ity of her birth fam­ily upon di­vorce.”

The ap­peals court judges agreed to send the case back to the High Court for a rea­son­able fig­ure to be reached to al­low Ms Alireza to buy a home for her­self and her chil­dren.

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