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The Supreme Court has unanimously dismissed a wife’s appeal for financial relief against her husband’s estate after he died before the final determination of her application.
Lord Stephens, giving the lead judgment in Unger and anor v Ul-Hasan (deceased) and anor, said ‘major reform involving radical change to long-established principles’ would be necessary to allow a party to a marriage continue a claim despite the death of the other party. This would be a matter for parliament, not for the courts, he said.
Nafisha Hasan and Mahmud Ul-Hasan were married in 1981. Ul-Hasan obtained a divorce in Pakistan in 2012. Hasan applied for financial relief on the basis that the divorce was recognised as valid in England and Wales. However, the husband died in Dubai, aged 81, a few weeks before the final hearing to determine the application. The wife sought to proceed with her application against his estate.
The Supreme Court granted permission to appeal directly from the High Court. However, the wife died prior to the Supreme Court appeal. Her daughter and son-in-law substituted her as appellants in the appeal.
The lead judgment, highlighted that ‘Several judicial decisions have consistently construed matrimonial legislation as creating personal rights and obligations which end with the death of a party to the marriage, and cannot be pursued against the deceased’s estate...The power of a court in England and Wales to order financial relief after an overseas divorce can only be exercised as between living parties to a former marriage.’
Therefore, the rights against one’s spouse are personal only and do not survive the death of either spouse. As the wife was already divorced, her ability to pursue claims against her deceased husband’s estate was already compromised.
Divorce automatically ends many rights in respect of pensions and inheritance for a couple who were previously married.
Therefore, it is sensible for parties to wait until all financial matters have been totally resolved before finalising their divorce.
Published on 28/07/2023