Family Law coursework Essay Example | Topics and Well Written Essays - 1250 words

Family Law coursework - Essay Example If it’s proved not to be, there could be a long custody battle and who knows what other kinds of problems. The fact that the vicar, Leonie, was doing a ‘test-run’ marriage ceremony is of no consequence as long as there is proof that both parties actually went through with the ceremony. Moreover, the Family Law Act 1996 states that â€Å"†¦an application for divorce can only be made if the couple have been married for a year or more and the only ground for a divorce petition is that the marriage has irretrievably broken down.†1 Obviously, since Myles and Emilia have been married for more than one year—and since Emilia is having destructive ‘fits’ of sorts—this could definitely apply to your situation as having been ‘broken down.’ More so, you, Mr. McHenty, have every legal reason to receive benefits even though you don’t have a prenuptial agreement. In the court case Parlour v Parlour,2 Ray Parlour was orde red to give a significant portion of his wealth and assets to his wife. It was a shocking case because Mr. Parlour obviously did not have a prenuptial agreement—which, in the end, hurt him. Similarly, in your case it may hurt Emilia the most that she did not draw up a prenup considering the wealth of estate with which she’s been entrusted by a relative. ... favor besides the fact of the missing prenuptial agreement is that Emilia has accustomed you to a certain way of life that you would not have had had it not been for the estate which had been so graciously bestowed upon her—and which, she shared with you, at least in the beginning. In Miller v Miller,4 it was ruled that multimillionaire Alan Miller had to pay five million pounds to his former wife of three years, for several reasons—but one of them namely being that he had hoped his wife would have a better standard of living. Therefore, since Emilia had rights to the estate, you are in even better of a position as someone who doesn’t have the same wealth as she does. Therefore, you are allowed to earn some type of spousal support from her, as the case may be. For example, in McFarlane v McFarlane,5 it was ruled by the courts that Mrs. McFarlane should be allowed to partake of the high income of her former husband. That notwithstanding, there is another case, Whi te v White,6 which proved that needs and reasonable requirements should be taken into account in divorce proceedings, rather than just a simple mathematical calculation which would take care of the question of equitable division of the assets. This means that not only must Emilia share her assets, but they must be divided up in such a manner that is ‘fair.’ Of course, it is up to the courts to decide what constitutes fairness; however, the case is once again going to be in your favour. With regard to living arrangements, the courts will make a suitable argument that will take care of your needs indefinitely. III. Whether Local Social Services Could Take Your Son Into Its Care Now, as to whether local social services could take your son into its care, is an entirely different matter altogether. â€Å"In