Court of Appeal
Alireza v Radwan and others
[2017] EWCA Civ 1545
2017 July 19; Oct 12
Gloster, Lewison, King LJJ
MarriageDivorceFinancial provisionWife subject to Saudi Arabian laws of forced heirship in respect of father’s wealthWhether wife’s future inheritance from father financial resource wife “likely to have in the foreseeable future”Whether grant of occupational interest in former matrimonial home rather than lump sum appropriate order Matrimonial Causes Act 1973 (c 18), s 25(2)(a)

The husband and wife were both dual nationals of the United Kingdom and the Kingdom of Saudi Arabia. In proceedings for ancillary relief following their divorce, the judge made orders including ongoing provision for accommodation for the wife and children having taken into account the wealth of the wife’s father and her potential future inheritance from him. The wife appealed on the grounds that the judge had erred in (i) regarding the wife’s future inheritance from her father as a resource that she was likely to have in the foreseeable future, under section 25(2)(a) of the Matrimonial Causes Act 1973; and (ii) making an order granting the wife an occupational interest in the former matrimonial home until such time as she remarried or her father died, rather than ordering the husband to pay a lump sum to her sufficient to enable her to buy a property of her own.

On the wife’s appeal—

Held, appeal allowed. In the ordinary course of events uncertainties both as to the fact of inheritance and as to the times at which it would occur, would make it impossible to hold that an inheritance prospect was property which was “likely to be had in the foreseeable future” within section 25(2)(a) of the Matrimonial Causes Act 1973. The present case was different. The wife’s inheritance prospects did not have the inherent uncertainty found where a will was made in a country such as England where there was no concept of forced heirship. A prospective inheritance which had the certainty brought to it by the laws of forced heirship, was capable of being a “financial resource” which the wife “has or is likely to have in the foreseeable future”. All that such a finding did was to conclude that the prospective inheritance was a section 25(2)(a) resource; it did not mean that it was inevitably appropriate for the court to make an order whereby the meeting of the needs of the wife in any way depended on the prospective inheritance. Prior to making any order the judge had to consider all the section 25 factors in addition, before making an order tying the parties together for many years to come by way of a Mesher order (especially where the money was available to allow for a clean break between the parties). Careful and specific consideration should be given both to the issues of potential conflict between the parties and also to the wife’s past and future contribution to the welfare of the family (per section 25(2)(f)). That was particularly important on the facts of the present case in the context of there being a special needs child who was likely to need care from his mother long after he had achieved his statutory majority. The judge had been wrong to have made an order which was dependent upon that future inheritance in order to meet the needs of the wife (paras 33, 39–40, 42–43, 47–50, 63, 70, 74, 99, 103, 106, 107).

Mesher v Mesher (Note) [1980] 1 All ER 126, CA and Michael v Michael [1986] 2 FLR 389, CA considered.

Decision of Roberts J reversed.

Robert Peel QC and Amber Sheridan (instructed by Payne Hicks Beach) for the wife.

Richard Todd QC and Max Lewis (instructed by Grosvenor Law) for the husband.

Alison Sylvester, Barrister

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