Friday, November 1, 2019

Family Law Master Case Study Example | Topics and Well Written Essays - 1500 words

Family Law Master - Case Study Example She moved out again in February 2006, and began to live with another man named Oliver since December, 2007. She has lived separately from her husband Michael for almost two years. She also does not have a child in concern for emotional bond. Under the circumstances, Lucy is very right in considering that she should file for divorce under the protection of Law for her sanity and life. Under the Family Law Act 1996, she has three grounds for filing a petition for divorce from Michael and achieve to get fair share in the division of property which has been established in the White v White [2001] 1 AC 596 your Lordships' House sought to assist judges who have the difficult task of exercising the wide discretionary powers conferred on the court by Part II of the Matrimonial Causes Act 1973.1 In particular the House emphasized that in seeking a fair outcome there is no place for discrimination between a husband and wife and their respective roles. Her first ground for divorce is adultery, in which she has e-mail proof of Michael being in relationship with another man, and thus morally violating his vow of marriage and social norm. She has personal proof of unreasonable behaviour and where she can submit petition which can contain a series of allegations against her husband's unreasonable behaviour. This would be evaluated and considered by the judge as the basis of an nulment of her marriage. She has been forced to move out of her home for a length of time on mutual consent and live with friends. She did make an attempt to come back and reconcile. Even after that, she had to finally decide to move in and live with another man Oliver and had lived with for almost two years. This proves that on deteriorating domestic circumstances she has been forced to live away from home, husband and marriage. She is right in considering legal divorce by petition from her husband so that she can take charge of her life and finances to support herself.2 2. She has no income or capital. Michael is still living in the former matrimonial home, which is now worth 250,000 pounds. he is earning around 50,000 pounds pa. Michael bought some shares in his employer's company whilst he and Lucy were still together. They have shot up in value and are now worth 100,000 pounds. Advise Lucy about the likely outcome of her application for ancillary relief on divorce.Lucy should take pro-active measure once she has decided to get divorce from Michael on the financial issues and getting a fair share of her asset from her matrimonial home in which her investment for the payment has been the primary source of the mortgage and the investment has doubled. This should be based on the principal of 'equal sharing' in marriage which is considered the partnership of equals. This 'equal sharing' principle derives from the basic concept of equality permeating a marriage as understood today. Marriage, it is often said, is a partnership of equals. In 1992 Lord Ke ith of Kinkel approved Lord Emslie's observation that 'husband and wife are now for all practical purposes equal partners in marriage': R v R [1992] 1

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