Divorce Case of Dubai Resident Exposes Flaw in UK Law & Calls For Reform

The UK’s highest court has rejected Nafisa Hasan’s financial claim against her ex-husband Mahmud Ul Hasan’s estate, due to his untimely death, in a divorce dispute that has fueled calls for legal reform. While the case highlights a “defect in the law,” it will be up to the country’s parliament to decide if intervention is required, according to Justice Lord Leggat’s written ruling.

Ms. Hasan, who is also now deceased, married Mr. Ul Hasan in 1981, and they divorced in Pakistan in 2012. She had made a claim for “financial relief” in the Family Division of the High Court in London, stating that she believed his wealth to be in excess of the £7 million ($8.9 million) he had disclosed. However, Mr. Ul Hasan died in Dubai in January 2021, just weeks before a hearing, and Ms. Hasan died in May 2022, the month after she had been given leave to appeal to the Supreme Court.

The case has sparked controversy and raised pertinent questions about property rights in divorce cases, particularly when one of the parties involved passes away. “It is quite common for couples where one party, usually the husband, has most of the assets, says Byron James, partner at Abu Dhabi law firm Expatriate Law, who represented the claimants. “During divorce proceedings, the court determines if some of these assets are matrimonial, but if someone dies before a court makes the decision then you are not entitled to any of the assets.”

While Mr. James acknowledges that there are steps that can be taken to avoid such situations, including jointly owning assets and having life insurance policies, he asserts that this case highlights a serious problem that needs to be addressed. “When you marry someone, do you automatically get property rights or only when a court decides? And if someone dies before the decision, then you get nothing, which is unfair and unjust,” he says.

This case is a reminder of the importance of effective legal frameworks that protect the interests of all parties involved in divorce proceedings, and the need for further examination of the existing laws to ensure they are fair and just for everyone.

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