CHILD AND FAMILY LAW
Question 1
Eugene and Charlotte met each other in their workplace and have been married for 5 years in the UK. Both work for a fashion company. Eugene, who is 32 years of age, is an advertising consultant earning £55,000/per annum and Charlotte, who is 28 years of age, is an accountant earning £30,000/per annum. They have a son, Connor, who is 4 years old. They live in Central London in a 2 bedroom flat which they own jointly.
In December 2021, Charlotte suspected that Eugene was having an affair with a person by the name of Alex. She found out some intimate texts on Eugene’s phone showing that he had been communicating with Alex for the last 6 months. Charlotte is unsure as to the sexual identity of Alex as Eugene has been quite secretive but believes that based on the texts she did find, the relationship is of an intimate nature. Eugene has also been working late, coming home drunk and not spent time with both Charlotte and Connor. Eugene denies he is having an affair and says Alex is just a close friend that he enjoys the company of. In January 2022, Charlotte confronted Eugene again but this time, Eugene physically reacted and threw a chair at the wall. Charlotte wasn’t injured but both she and Connor were frightened.
Charlotte, who is a practicing Christian, is currently staying with her parents in North London and doesn’t want to return to her flat because she is worried that Eugene’s values conflicts with hers. She wants to raise Connor as a Christian and send him to a Catholic school near her parents’ home. She is finding it difficult to take Connor to his current school (which is non-religious) as it is quite a journey in the morning from North London to Central London where Connor’s school is. Eugene frequently comes to her parents’ house, calling and texting her but Charlotte refuses to respond as she is scared of him and doesn’t trust him.
You are a solicitor for Bell LLP and Charlotte comes to you seek legal advice on how to divorce Eugene. She specifically would like to know the following:
1. What legal options are open to her to bring her marriage to an end? Advise her on her options under the current law and also following the coming into force of the Divorce, Dissolution and Separation Act 2020.
(25 marks)
2. What financial and property orders the court may make on divorce and how the various factors in s.25 MCA 1973 might be applied here?
(35 marks)
3. What orders she could obtain to enable Connor to stay with her and the criteria which would be considered by the court in the welfare of Connor and the making of those orders?
(40 marks)
Advise Charlotte on the above issues giving justifications for your answers and quoting the relevant law.
