I have this case study that I need to answer based on these five elements, acting as Junior Solicitor who is advising them on what to do...
- Financial remedies available upon divorce, including matters relating to children
- Private law children matters
- Occupation orders.-Property for cohabits
Can anybody help me answer this case study? Thanks in advance.
Tony and Annamarried on 12 September 1998. He is 45, she is 40. They have 3 children Emmaaged 8, Alice aged 6 and George nearly 5. They all go to the local primaryschool (George in the full time in reception class) which is two streets fromtheir home in Wheeldon Avenue, Leicester. The house was bought when they married; alarge 4 bed 1900 built terrace, an ideal family home, now worth £240,000. Thereis £10,000 left owing on the mortgage. He was anengineer at Rolls Royce but after a fall 8 years ago, he injured his back andhas not worked since. He gets state industrial injury benefit of £157 per weekbut she has always contended (groundlessly) that his complaint is feigned andthat he is really just an idle waster who just wants to sponge off her.He says she’snagged her way through 15 years of marriage and puts her ambition before herfamily, as evidenced by her going to her parents.After 3 years ofmarriage, Anna gave up her menial clerical job, went to Trent University fulltime and got a law degree, then completed the LPC. After the first child wasborn, she got a training contract at her Uncle’s firm in Leicester and worked fulltime. She qualified as a solicitor in 2010. She took minimum maternity leavefor the other two accidental pregnancies and has since practiced abstentionfrom sex as her form of contraception.Tony has alwayslooked after the children and been a full time househusband. Lack of mobilityis sometimes a problem but has not stopped him being a first class carer. InAugust last year she got a lucrative (£60k) post with a London commercial firm.She commutes daily from her parents’ home in Kent where she has been living forthe last 9 months, after the parties separated. She wants the house sold, thechildren to go to her and cares not what happens to him.He wants to stayin the house with the children until they grow up but he couldn’t buy a house.Disability and child benefit means he makes ends meet (but only just). Thechildren don’t want to go - Anna is now a virtual stranger. Too busy to visit,she telephones and sends birthday and Christmas presents but that is the extentof her contact.Tony’s sisterHeather set up home with Joanna in May 2009. They bought a 3 bed semi, 25Statham Street, Leicester for £94,000 with the aid of a £74,000 mortgage. The housewas put in joint names. Heather provided £15,000 to the deposit; Joanna paidthe rest but provided most of the furniture and furnishings from her formerhome.On 1 April 2016,they went to a house party and both got very drunk. Joanna went to a bedroomwith a man and Heather caught them having sex. She threw a wine bottle atJoanna, hitting her on the face and breaking her cheekbone. By the time Joannagot home from casualty some 5 hours later, Heather had barricaded the doors andwindows and refused to let her in. She has since changed the locks.Joanna isstaying with her mother, but wants to go back to Heather. She has tried tocontact her by phone and email saying “It was just a drunken mistake! I didn’tknow what I was doing.” Heather says shehas been betrayed, can’t forgive her infidelity and wants nothing more to dowith her. As far as she is concerned, Joanna forfeited any legal rights shemight have had when she went with the man.Heather is anaccountant working for a local firm earning £55,000 p.a. Joanna is a part timelecturer in Health Studies, earns £35 per hour when she works (24 weeks per year,8 hours per week). Mortgage payments are £350 per month.
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- 26-04-2016 23:32