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Litigation Letter

Ancillary relief in bigamous marriage

Hashem v Shayif and another [2008] EWHC 2380 (Fam)

This was the husband’s fourth marriage, but it had emerged that his third marriage had not been formally dissolved and the marriage was therefore bigamous. Nevertheless, in the circumstances of the present case, there was no justification for depriving the wife of all relief or the major part of what she would otherwise be entitled to. The husband had refused to make proper disclosure, but his behaviour in the litigation had been such as to justify the conclusion that his wealth was such that he could comfortably meet an award in the terms sought by the wife. The judge was satisfied that the husband was worth many millions, even though the wife had not satisfied him that he was worth hundreds of millions.

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