Assignment Title

Students must submit an answer to the Problem Questions (2,500 words) which is worth 50% of the mark for the module

AND:

An essay (2,500 words) which is worth 50% of the mark for the module.

Problem Questions (50%)

The problem scenarios comprise of two questions. You must answer BOTH problem questions. The 2,500 word limit is a combined total for both problem questions but guidance is provided at the end of each question as to how you may wish to apportion your 2,500 word count.

Essay (50%)

You must provide an answer to ONE of the essay questions from the options provided.

The Problem Questions and Essay should be submitted on separate documents.

Please provide an answer to BOTH problem questions

Question 1

Qi’ra and Han married in 2005 and cohabited from 2003. Han is aged 49 and works as a pilot, earning a net income of £315,000 per year. Qi’ra is aged 40 and used to work full time as an Army Lieutenant earning £75,000 per annum before giving up work to be a stay-at-home mum following the birth of Han and Qi’ra’s son, Lando. Lando is now 2 years old and does not attend nursery. Lando was not planned, and the pregnancy was a shock to them both, as they had not planned on having children at first, and then were told that they could not have them. The family home is in Han’s sole name, having been purchased by him prior to the relationship commencing – it is worth £1.5 million, and is mortgage free. Han and Qi’ra lived a lavish lifestyle, so they do not have any savings or investments, and neither of them has any pension provision. Qi’ra and Han entered into a prenuptial agreement a couple of weeks before the wedding, which states that neither of them would make any financial claim against the other in the event of a divorce. Since the birth of Lando, Qi’ra has been suffering with chronic depression. Han has found this difficult to cope with and feels that Qi’ra’s personality has changed. Han has left the family home and is sofa-surfing with friends and family. Han wants a divorce.

(a)           What factors will the court consider relevant and what are the range of financial remedy orders the court is likely to make?

(b)           What weight will be attached to the prenuptial agreement?

(we recommend that you use a maximum of 1250 words on this question)

Question 2

Val and Tobias were in a brief relationship 9 years ago. They had one child together, Rio, who is 8 years old. Val and Tobias were not in a relationship at the time of Rio’s birth, so Tobias is not registered on his birth certificate. Val has always made it difficult for Tobias to see Rio, but over the past 2 years they have been able to agree that Tobias would have Rio every other weekend; for tea two nights a week; and for half of the school holidays. Tobias is now married and has a child (Enfys, aged 4 years). Rio and Enfys are very close. Six months ago, Val started a relationship with Dryden, whom she met on the internet. Dryden works as a travel blogger and, three months ago, Val quit her job to travel with him. Consequently, Rio has been left in the care of various family members and friends, often at last minute, and has also missed a lot of school. Tobias has noticed that Val often smells of cannabis when she drops off Rio. This morning, Val sent a text message to Tobias informing him that she is collecting Rio from school today, even though it is Tobias’ night for tea, and that she and Rio are moving to Solchester (over 300 miles away) to live with Dryden in his one-bed flat. Tobias is worried that he will not see Rio anymore, and Rio has also told Tobias that he does not like Dryden because he shouts a lot.

Advise Tobias on the following:

(a) What applications to court can Tobias make to prevent Val collecting Rio from school today and moving him to Solchester?

(b) What applications to court he can make to provide for the long-term care of Rio?

(c) What are the factors that the court would take into account when considering the applications made in (a) and (b)?

(we recommend that you use a maximum of 1250 words on this question)

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Assignment Title:

Essay (2,500 words) worth 50% of the mark for the module:

Please provide an answer to ONE of the following questions:

To what extent should cohabitants in England and Wales be afforded the same legal rights and responsibilities as married couples and civil partners?

OR

The Domestic Abuse Act 2021 fails to adequately recognise the gendered nature of domestic violence. Critically analyse this statement.