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Supreme Court Decides on ‘Death Ends Everything’ Divorce Case | News

Supreme Court Rejects Widow’s Appeal for Financial Relief from Late Husband’s Estate

Supreme Court Rules Against Widow’s Financial Claim on Late Husband’s Estate

In a landmark decision, the Supreme Court has unanimously rejected a widow’s appeal for financial relief from her late husband’s estate, marking a significant moment in the intersection of matrimonial law and inheritance rights in England and Wales.

Lord Stephens, delivering the lead judgment in the case of Unger and anor v Ul-Hasan (deceased) and anor, emphasized that any alteration to allow a surviving spouse to continue a financial claim after the death of their partner would necessitate “major reform involving radical change to long-established principles.” He firmly stated that such a reform is a matter for Parliament to consider, not the judiciary.

The case revolved around Nafisha Hasan and Mahmud Ul-Hasan, who married in 1981 and later divorced in Pakistan in 2012. Hasan sought financial relief in England and Wales, asserting the divorce’s recognition within the jurisdiction. Tragically, Ul-Hasan passed away in Dubai at the age of 81, just weeks before the scheduled final hearing of Hasan’s application, leading her to seek continuation of her claim against his estate.

Following Hasan’s own death prior to the Supreme Court appeal, her daughter and son-in-law stepped in as appellants. However, the Supreme Court, referencing judicial decisions dating back to the mid-19th century, underscored that matrimonial legislation has traditionally been interpreted to create personal rights and obligations that cease with the death of a spouse, and cannot be pursued against the deceased’s estate.

Lord Stephens, supported by Lords Hodge, Hamblen, and Burrows, dismissed the appeal, stating that the appellant’s argument for continuation of a claim under the combined reading of the Matrimonial Causes Act 1973 and the Matrimonial and Family Proceedings Act 1984, despite the death of a spouse, would introduce a profound shift in long-standing legal principles.

Jeremy Abraham, representing Hasan’s estate, expressed disappointment with the verdict but vowed to “continue its fight,” highlighting the Supreme Court’s acknowledgment of the injustice suffered by Mrs. Hasan and her estate due to the current state of the law.

Alex Carruthers commented on the ruling’s clarity in confirming that death concludes all claims arising within a marriage, effectively quashing any notion that divorce-related financial claims could survive the involved parties.

Tony Roe pointed out the judgment’s broader significance, especially considering the increasing divorce rates among older couples, as reported by the Office for National Statistics.

This pivotal decision underscores the Supreme Court’s stance on the limitations of judicial power in matters that may require legislative intervention, setting a clear boundary on the pursuit of financial claims against a deceased spouse’s estate and leaving the door open for potential parliamentary action.

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