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  • Essay
  • January 6th, 2014

Relationship and the financial consequences Custom Essay

1. Ingrid formed a relationship with Geoff in 1981 and they married three years later.
They have two grown children who are both now over the age of 21 and independent
of their parents. Ingrid has been a “stay at home mum” and has not had paid
employment throughout the relationship. Geoff has been the sole breadwinner and
the family home was purchased by him solely in 1989. Ingrid has issued divorce
proceedings because of Geoff’s adultery and has made a financial application to the
court within those proceedings.
What types of financial orders can the court make and what factors are likely to
influence the court’s determination of Ingrid’s financial application?
20 marks
2. If Ingrid and Geoff in the scenario 1 above had never married, what potential
financial applications, if any, might Ingrid be able to make against Geoff’s income
and property and what significant factors should be considered?
20 marks
3. Peter purchased his home in 2010 just one week after he had met Brian. Brian
moved in to live with him 4 months later. They share an intimate relationship.
Yesterday evening, Peter came home from work, drunk. They argued. Peter
punched Brian and ordered him to leave the home, saying, “You have no right to live
here. I bought this house before I met you.” The police arrested Peter and kept him
overnight before releasing him without charge.
With reference to civil remedies only, advise Brian if it might be possible to protect
himself from Peter’s violent behaviour, whether it might be possible to exclude Peter
from the home and whether Brian may continue to live there until he finds
somewhere else to live.
20 marks
4. Evaluate how effectively the Marriage (Same Sex Couples) Act 2013 brings the
concept of equality to the institution of marriage.
20 marks
5. Suzie is married to Paul and has recently issued proceedings for divorce. She
claims that Paul is arranging to imminently transfer most of his wealth to his brother
in order to prevent her from getting anything. With reference to statue law and
relevant case law, explain what orders might be made by the court make to protect
the assets and explain what significant issues should be considered by the court
before granting any relief.

Assessment criteria:
This assessment seeks to assess the following module outcomes:
(a) knowledge and understanding of the syllabus.
(b) legal skills: Assimilation of the relevant statutes, research into the development and the
application of the law by use of case law, government reports and consultation documents and the
presentation of the material in a logical and relevant manner.
(c) transferable skills: Research for the purpose of understanding and presentation of a carefully
reasoned response to a problem.
(d) communication skills: The ability to give logical, understandable explanation of the law and of
how that law is applicable to the problems.
Credit will be awarded for this assessment based on the following criteria:
(a) Clear and concise analysis of the question.
(b) Application of that analysis to the issues raised.
(c) Avoidance of irrelevant material.
(d) Accuracy in presentation, spelling, grammar and sentence construction.
(e) Keeping within the word limit imposed.
(f) Appropriate application of standard referencing system, OSCOLA

 

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