Hashem v Shayif & Ors

Lord Justice Thorpe:

On 3 October 1998 the marriage was celebrated here in London between Abdulhadi Shaif and Faiza Ben Hashem. Subsequently it emerged that that marriage was void, the husband being at the date of celebration married to another woman.

The husband had been married a number of times prior to this, his last, and had four children, three by his first marriage and one by his third. The wife has no children. The marriage broke down in 2004. It was Bennett J who pronounced a decree nisi in this jurisdiction on the nullity ground and the husband divorced by talak in 2005.

There is a company Radfan Limited incorporated in Jersey approximately ten years before this marriage. It seems to have been a fairly conventional minor property company purchasing residential property in this jurisdiction, which was then either rented or made available to members of the family when visiting this jurisdiction. The spouses are both of origin from the Yemen and the husband has spent his entire working life in Saudi Arabia. He has been exceptionally successful in the world of banking and business and is probably worth many millions of pounds. However, within this jurisdiction there is very little to demonstrate his riches other than Radfan and the properties which it invests in.

Of particular interest is a property at 17 Kensington Heights. Immediately prior to August 2000 the parties were living predominantly in Saudi Arabia, only using Kensington Heights when visiting this country. Following disagreement and conflict, the wife, in August 2000, arrived in this jurisdiction, forced her way into 17 Kensington Heights, having nowhere else to live, and changed the locks. She has been living there ever since.

Between 2000 and 2004 the husband countenanced this agreement, and indeed, when visiting this country, cohabited with her at 17 Kensington Heights. The outgoings on the property were discharged by Radfan. The shareholding in Radfan is declared to be as to 30% to the husband and, as to the remaining 70%, split between his four children in precise proportions.

Following the initiation of proceedings for dissolution the wife issued conventional claims for ancillary relief. In addition, Radfan issued proceedings in the Chancery Division in April 2006, particularly directing its claim against 17 Kensington Heights. These two independent proceedings in different divisions were consolidated by an order made by Master Moncaster on a date in June 2006, and it was the