Financial proceedings on divorce.

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Report Thread starter 4 years ago
Hi, I was looking for some advice on the following scenario...

Julian and Brenda had one child, Diana. Tragically, Diana died in a car accident a year ago. Since then, Julian and Brenda have been caring for their grandchild, Diana’s daughter, Chloe, aged 18 months. Chloe’s father is Frank. Before Diana’s death, he had played no role in Chloe’s life. Recently, he wrote to Julian and Brenda to say that he would like to start seeing Chloe regularly. Julian thinks that this is a good idea, but Brenda is worried that Frank will eventually seek to assume Chloe’s full-time care. She is worried about the impact of the disruption on Chloe if her marriage to Julian ends, and if Frank is introduced into her life. She wants to raise Chloe in her Christian faither, and has some concerns about the fact that Frank is a committed atheist, and the possible impact of Julian’s sexuality.

Throughout their marriage, Julian and Brenda lived together in a large house, now valued at £1m. The house is owned in Julian’s sole name, and he has recently finished paying off the mortgage on the property. During the marriage, Julian worked as an accountant and Brenda did unpaid voluntary work. They both played a role in caring for their daughter, and they are both now actively involved in caring for their granddaughter. They have approximately £200,000 in jointly owned savings and investments. At retirement, Julian was earning £60,00 per year. Not that he has retired, he is collecting £30,000 per year from a private pension.

I have to discuss b) the court orders available, and legal principles applied, to determine Julian’s financial obligations towards Brenda and Chloe, if the marriage is brought to an end. (25)

I have a total of about 750 words to do this and I am really struggling to pick out the relevant law. I have started discussing the s25 MCA factors and talked about a possible periodical payment order and an order to sell the home. I have no idea if I am along the right lines, or whether I have to discuss a pension sharing order rather than periodical payments? I am also unsure as to whether Julian would have to pay child support for Chloe.

Any advice would be greatly appreciated

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