Assignment

Question 1. Gay marriage is one of the most controversial issues in the modern world. Outline the history of marriage and how this has evolved to provide equal rights and discuss the formalities of a valid marriage and civil partnership.

Question 2 You act for Tamara Sinkhurst who separated from her husband Seamus 6 years ago. They never got divorced as everything was very amicable. However, they both feel that now is the right time to do so given that their children have grown up and are at university.

(a) Explain the ground for divorce and analyse the facts that can be relied upon illustrating this with cited cases. Advise Tamara of the facts she may wish to rely on

(b) Draft the content for a leaflet that can be provided to Tamara and your other clients with a detailed explanation as to the full divorce procedure from commencing the petition up to decree absolute

(c) Tamara hasn't worked for the last 22 years as she was a housewife raising the family. She feels her skills are therefore out of date and she will find it difficult due to her age and lack of experience to get a job. Explain the financial remedies available:

(d) Explain the procedure for financial proceedings and whether there is an alternative to applying through the court, as Seamus has told Tamara he wants to ensure she is comfortable and is sure they can come to a suitable arrangement.

(e) Unfortunately, the discussions regarding finances becomes less amicable and Seamus moves his money from their previous joint account into his own savings. Tamara is struggling to pay the bills. What can she do whilst waiting for the court to make an order?

Question 3. You act for James Hoskin who owns a property with his ex-wife Barbara Hoskin. He has telephoned your asking for your urgent advice. Barbara has mental health issues and yesterday ‘lost it' when they were at the supermarket, as the shopping was too expensive. Barbara told James in the car ‘he would get what's coming to him' when they got in. She punched and kicked him as soon as they got in the door and started throwing items from the kitchen at him. This was in front of their 3 children who are aged 1, 3 and 5. Barbara kicked James out and has kept his keys, so he has no way of getting into the house. He is desperate to get his kids out of the house and believes they are in danger. He is so worried that is he also prepared for social services to become involved.

(a) Write an attendance note of the advice you gave James over the phone

(b) James states that he also needs to get an order to state he will have custody of the children. He is in too traumatised a state to deal with it now. He asks you to email him with your advice as to whether the court will award in his favour and what he needs to request from the Court to get this.

Attachment:- civil partnership.rar