Project #161484 - family law

Law Tutors

Subject Law
Due By (Pacific Time) 12/26/2016 12:00 am

Peter aged 42 years and Tanya aged 37 years married in December 2014 after 12 years in a long-term relationship with each other. They have two children - Matthew aged 7 years and Hannah aged 5 years. Peter is a senior airline pilot and Tanya is a full-time housewife. Prior to Matthew’s birth Tanya was a member of cabin crew with the same airline which employs Peter.

Since Matthew’s birth in 2009 Peter has insisted that Tanya be a full-time housewife and that she devotes herself to caring for the home and the children. Peter is controlling in his attitude to his wife and has forbidden her to take up a college course arguing that as he is away from home so much due to work, that she should always be at home for the sake of the children. Each time that Peter goes away for work he leaves Tanya a list of tasks around the house and garden that he expects her to do during his absence. On the other hand he has always insisted on living his “own life” despite being married, so even when he is at home he will spend 2 or 3 nights a week socialising with work colleagues. He takes golf holidays with friends 4 times a year and for the last 2 years Tanya has taken the children on holiday by herself. Overall Peter has little involvement in the children’s lives, taking no part in their after-school activities or family celebrations.

Last week Tanya was taking Peter’s uniform to the dry cleaners when she discovered a compromising photograph in the jacket pocket. This photograph showed Peter embracing his co-pilot Adam. When Tanya confronted Peter he admitted that he had been having a relationship with Adam for the last 5 months. Tanya immediately moved into the spare bedroom and has hardly spoken to Peter since. She is very depressed and feels humiliated over her husband’s treatment of her.

The matrimonial home was purchased in joint names in 2006 with the £50,000 deposit paid out of Tanya’s lottery win of the same amount. The mortgage stands at £120,000 and the four bedroomed detached house is currently valued at £275,000. Peter owns a villa in Portugal worth £150,000 which is mortgage free. Each of the spouses owns a car and there are no outstanding debts on either vehicle.

Peter has a pension fund worth £200,000 and Tanya has no private pension arrangements. Peter owns a record collection which is valued at £2,000. The matrimonial home contents are of no appreciable value.

1)      Advise Tanya whether she can obtain a divorce, and upon what basis.

2)      Advise Tanya as to what she may receive by way of ancillary relief settlement for herself and the children should a divorce actually proceed.

 

3)      Peter has now set up home with Adam and is demanding that the children stay there each weekend when he is not flying. Tanya objects and is concerned that their father’s relationship with Adam may cause the children distress and confusion. Specifically apply the law so that this dispute between the parties can be resolved, analysing what factors will be taken into account in reaching a decision.

 

2,400 words!

UK family law

Oscola referencing

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