Hi guys, is there anyone who could help me with my family law coursework. I am finding it really hard.
Earlier today, I attended a meeting with one of our clients, Jane Brant, who requires some advice about ending her marriage with her husband, Peter.
Please read through the attached attendance note and research the following areas for me:
1. Jane wants a divorce - how can she achieve this and which fact is most appropriate here?
2. If the finances of the marriage cannot be dealt with by the parties, how will the court decide who gets what and what court orders are appropriate here?
3. How can Jane obtain protection in respect of the harassment issue?
I have a meeting with Jane tomorrow afternoon so could you please provide me with answers to the above questions including case law and statutory references where appropriate.
Simon Prior meeting with Jane Brant and asking her to explain the purpose of the meeting.
Jane confirmed that she was having some relationship problems and required advice in a couple of different areas.
Jane married Peter Brant 10 years ago when they were both 25. They have three children together, Joseph, aged seven, Paul, aged five and William, aged three.
Prior to having the children, Jane worked as a high flying corporate lawyer earning £150,000 per year. Unfortunately, following the birth of Joseph, she suffered from severe postnatal depression. Jane suffered with the same depression following the birth of each of her children and so the couple jointly decided that she would not return back to work. Jane has now been out of work for 7 years. Jane told me that she wanted to return to the workplace but is worried that in light of her bouts of depression, her previous profession of corporate law may be too stressful. She would like to retrain as a primary school teacher. Jane has researched this and has spoken to the local university who would offer her a place on a year-long course to retrain as a teacher. This would cost approximately £10,000. She would then need to find a job as a primary school teacher in the local area. Peter has always been and continues to work in advertising. He earns approximately £50,000 per annum although he receives a further £250,000 per year income in respect of royalties for a Christmas song that he wrote 10 years ago called 'Jingle All The Way'.
The couple own the matrimonial home, a 5 bedroom house in Sussex worth approximately £1.5 million which has a mortgage of £500,000. In addition, following the recent death of Jane's parents, Jane has just inherited her childhood home, a sprawling estate in Oxford which is yet to be valued but which Jane believes to be worth in the region of £2.3 million with no mortgage. Both parties have a pension
￼BPP LAW SCHOOL 2
LLB: FAMILY LAW COURSEWORK: SEMESTER G1
￼although Jane's is minimal given that she stopped paying into it when she left work some 7 years ago.
Jane explains that as part of Peter's job, he is often called upon to go out and entertain clients. This invariably results in him returning home very late at night and often drunk. Jane confirms that Peter has never been very good when drinking alcohol but that recently this seems to have got worse with his behaviour becoming intimidating and Jane has often felt frightened by him. Jane explains that 8 months ago following a heavy night of drinking, Peter returned home at 2am and was in a foul mood because Jane had gone to bed without making him any dinner. An argument ensued and Peter pushed Jane. Although Jane was not hurt, she states that she was very frightened that Peter had pushed her at all. In the morning, Peter did not remember what had happened and was very upset to learn that he had pushed Jane, apologised profusely and stated that this would never happen again. Jane forgave Peter. Jane confirms that although over the last 8 months there has not been any further physical violence, Peter has once again, whilst drunk, threatened Jane and has raised a fist at her.
Jane explained that two weeks ago, following another drunken evening, she told Peter that she couldn’t go on like this any longer and wanted a divorce. She asked him to leave the house. Peter left without any arguments but returned drunk at 1am later that night and began shouting obscenities at Jane from outside the house. Jane confirmed that this happened twice more in the past two weeks and that Peter had also telephoned Jane on her mobile telephone around 100 times. Although she took his telephone calls initially, he was so abusive on the telephone that she now ignores his calls. He has left a number of abusive voicemail messages on her telephone.
Jane seeks some information and advice as to how she can obtain a divorce and what will happen in respect of the marital finances. In addition, although Jane does not believe that Peter will try to move back into the family home, she does want something to be done in respect of his continued harassment towards her.
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- Thread Starter
- 13-11-2015 15:29