Question: Consider the legal implications in relation to:
(a) Divorce; and
(b) Financial and property matters on divorce.
Question
Sakina and Raj, now aged 52 and48, met 17 years ago and have been living together. They had two children, Tuscan and Umbria, now aged 15 and 12. However, after Raj discovered that Umbria was not his daughter but George’s instead, he and Sakina split up after 7 years of cohabitation. George was a very wealthy business man. She marries George, who dies a year later.
Sakina inherited George’s estate worth £10 million. Two years ago, she and Raj met again. Raj proposed marriage; Sakina accepted on condition that Raj formally agreed that, were their marriage to end within five years, he would agree to a lump sum of £100000 “full settlement”. Raj was at that time unemployed. He agreed to her condition.
After the marriage they lived together in the house Sakina had inherited. Raj started a business, using Sakina’s capital. She also provided valuable working experience, whist continuing to bring up the children. The business prospered.
A year ago Raj suspected that Sakina was having an affair with Vince. Rather than confront her directly, Raj had her followed by a private detective. She became convinced that she was being stalked by a stranger, suffered a nervous breakdown and is now incapable of looking after the children or assisting with the business.
She admits adultery with Vince, but Raj does not want a divorce. She wishes to divorce Raj and marry Vince.
Answer: (a) Divorce
Before the enactment of the Matrimonial Causes Act 1857 no decree of divorce could be obtained but a decree of judicial separation and didn’t entitle the parties to remarry. The only way to obtain a divorce and able to remarry was to procure a private Act of Parliament, but it was expensive and accompanied by unwanted publicity. Judicial decrees of divorce can be grant by the enactment of Matrimonial Causes Act 1857. From the beginning, divorce was based on the idea of matrimonial fault and men and women were treated differently in the application. Until the Matrimonial Causes Act 1923 , husband and wife were put in the same position. The grounds were extended further in the Matrimonial Causes Act 1937.
Today the law on divorce is governing by the Matrimonial Causes Act 1973 , however a various proposals for reform have been suggested due to the difficulties and p...(short extract)
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- Subject: Law
- Course: Family Law
- Level: Degree
- Year: 2nd/3rd
- Mark: 68%
- Words: 4279
- Date submitted: March 02, 2014
- Date written: November, 2013
- References: Yes
- Document type: Essay*
- Essay ID: 5549
