Legal Consultancy for Divorce Case

This case study involves a divorce case where Angelica needs legal advice and protection from her husband. The case also involves issues of property ownership and distribution. ABC Legal Consultancy House provides guidance on the legal steps and procedures to protect Angelica's rights.

CASE STUDY
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Table of Contents
Question One:..................................................................................................................................3
1(a)...................................................................................................................................................3
1(b) [Refer to Appendix 1]...............................................................................................................6
Question Two:.................................................................................................................................8
Reference List:...............................................................................................................................13
Appendices:...................................................................................................................................14
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Question One:
1(a)
ABC Legal Consultancy House
Room 67
14 Tottenham Court Road
London
England
W1T 1JY
Date – DD / MM / YYYY
Reference No. – JC26/1849/249
Dear Angelica,
I just received your letter and all the attached documents. It took some time to go through your
case and the entire scenario you have faced. However, you can follow all the legal steps as per
the current laws and legislation system of UK which I will discuss later in this letter as per
different case scenario. On the other hand, this case contains different aspect of illegal issues like
the sexual relationship in the workplace, cheating, physical harassment, and distribution of
assets, company law and many more aspect which is involved.
As per your case, Donald is clearly cheating with you and having a sexual affair in his office
workplace with the office manager named George. Moreover, Angelica has two children Brad
(10 Years) and Ashley (3 years). They will also face a problem if the relation between Angelica
and Donald is s trouble. This case has some other turns also. Donald has recently physically
harassed Angelica in recent days. He twisted her arms and kicked her brutally. It is a completely
illegal situation where Angelica is facing so much trouble from her husband. They are married
for 12 years. Still, they are facing this type of problems to continue with the relation to
maintaining it properly. However, as per the legislation system of UK, Angelica deserves a
protection from this type of brutality by her husband. Donald had a daughter named Deborah
from a previous marriage. She is 34 years old and had an affair with Angelica. Angelica
mentioned that the affair with Deborah lasted only for 2 months. However, it is a tough situation
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for a woman like Angelica to survive alone in that way. Due to this reason, she needs proper
legal advice and protection from any further harm from the environment she is currently facing.
This case has so many turns in several ways. That in turn, made this case a complicated one.
Hence, most of the people involved in this case scenario are somehow connected with Donald.
Right now when this letter is being written, Donald is fled with her daughter Deborah and
Angelica has no idea about their status or location. That in turn, was making her more depressed
and tensioned about her future. Hence, the best way to understand the situation, Angelica need to
take some more legal steps against her husband mainly because other people involved in this
case are not harmful to the Angelica. That is the reason why she needs proper legal advice from
the legal advisor to understand the way to solve the problem in a legal way. Moreover, the
behaviour she is getting from her husband is not legally right because it is torturing her mentally
and psychologically. It can feel her insecure and soon she may face terrible mental and
psychological problems from her side. She should go to the psychiatrist as soon as possible to get
the treatment. Otherwise, she will be sick and her children Brad and Ashley will be in a trouble.
For their sake, Angelica needs to take care of herself.
Another important turn, in this case, is about the company laws and property ownership.
Angelica and Donald is having a shared ownership of a company. This company is specialized in
different businesses like luxury property, general cleaning services, and other services. However,
this organization is worth of about 500 thousand pounds. Angelica and Donald are the main
proprietors of this organization. However, this company is now becoming ten million worth
organization. Donald directly stated that he want a divorce with Angelica and she mentally
prepared that her marriage is over, However, there is another problem in this case. Angelica`s
home is in Donald`s name. Due to that reason, Angelica has nowhere to go when the divorce
paper will be signed. That home is worth about 500 thousand pounds. Hence, this made the
entire case very complicated where Angelica is liable to get an honest opinion from her legal
advisor. That is the reason why she should go for a legal separation from her husband.
Action to be taken by you:
After the detailed study of the case, it is a perfect time for Angelica to case a divorce file against
her husband Donald. Angelica can use the Matrimonial Causes Act 1973 to send a legal divorce
paper to her husband. On the other hand, this case also involved Children issues, family
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proceeding issues, gender recognition, property and many more1. Angelica needs to know her
right against the unreasonable behaviour from her husband. Due to that reason, Angelica needs to
develop the best way to understand the situation. They are married for about 12 years. It takes a
long time for the divorce process and Angelica has no economical backup for her or her children.
It is still not sure who will be the legal parent of those two children, Brad and Ashley. There is
no guarantee that court will take all of her problems in concern. It depends on the judgment of
the judge. However, as per the Children Act, 1989 Angelica can ask for her children`s parentship
from Donald2. Moreover, Donald is having a sexual relationship in his office with the manager
George. As per the Equality Act 2010, Human Rights Act 1998 and Gender Recognition Act
2004, Angelica can send legal notice against her husband, Donald3.
As per this case, Angelica can also understand the legal procedures properly to take any further
step against Donald. However, she has to remember that she do not have any financial condition
to understand how she will spend her lifestyle while the case will run on the court. On the other
hand, both have so many different properties which need to be properly distributed as per the
Civil Partnership Act 20044. On the other hand, Donald is having illegal sexual relation with
George. Angelica can send legal notice against Donald as per Marriage Act (Same Sex Couple)
2015. The Human Fertilisation Act and Embryology Act can also help Angelica to get the
property from Donald became it is clearly mentioned in those rule that the couple with children
need to be more careful while they are having a divorce legally5. Due to this reason, Angelica
can have some money from her husband while the case will run on the court. It will help her to
be secure financially. On the other hand, Angelica can ask for her part from the company which
is worth about 10 minion pounds. She can also ask for her home back from Donald. In this case,
Donald`s daughter Deborah is missing. Donald is also gone with her. They have no trees by
1Brooks L, 'Matrimonial Causes: Being An Exposition Of The Matrimonial Causes Act, 1937;
The Summary Procedure (Domestic Proceedings) Act, 1937' (2011) 3 The University of Toronto
Law Journal
2'The Human Rights Act 1998' (2009) 19 Property Management
3Jeffreys S, 'They Know It When They See It: The UK Gender Recognition Act 2004' (2008) 10
The British Journal of Politics and International Relations
4Scott-Joynt M, 'The Civil Partnership Act 2004: Dishonest Law?' (2007) 9 Ecclesiastical Law
Journal
5Eijkholt M, 'Procreative Autonomy And The Human Fertilisation And Embryology Act 2008:
Does A Coherent Conception Underpin UK Law?' (2011) 11 Medical Law International
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which Angelica also getting much tensed. Hence, they need to understand the current scenario of
the case and they have to proceed with the help of Laws and Legislation system of UK.
The property distribution is a very important part of this case because it will help Angelica
financially after the divorce. Otherwise, she does not have any other financial option for her to
earn money. Donald and Angelica both were the part of the organization. However, Angela was
more with the family and Donald was the main operator of the business. Hence, they both need
to know that they have to share their assets equality as per law and the future of their children.
Even, Deborah also deserves her part in the properly to survive while she has to survive alone.
Donald is already mentally prepared to divorce Angelica and to finish the relation between them.
However, they still need to make a conversation with each other so that they can get the best
possible way to develop their relationship. Otherwise, the family structure can be change and can
make a negative effect on their children's mind later.
Advice Given:
I have set out below the advice I gave you in out meeting. You can use the Children Act (1989),
Equality Act (2010), Human Rights Act (1998), Marriage Act (Same Sex Couple) 2015, Gender
Recognition Act (2004), Civil Partnership Act (2004), The Human Fertilisation Act and
Embryology Act against Donald. However, you can proceed as per your requirement. These acts
and related laws can provide security for Angelica and the rest of the family. It will also ensure
that Angelica is getting proper security and economical help form the Government of UK. ABC
Legal Consultancy House can help Angelica to proceed with the mentioned acts so that she get
her right from the system.
Yours sincerely
Mr. XYZ
Solicitor
1(b) [Refer to Appendix 1]
Legally it costs 550 pounds for a divorce petition in the UK. The legal divorce petition can be on
behalf of Angelica in this case. Hence, the attached marriage certificate is the proof for her to get
legal facilitated from the government of UK. On the other hand, she can get all the facilities from
her husband Donald. That is the reason why she needs to know the steps of the legal petitions
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properly. It takes about 6 months to complete the entire process. In this case, property separation
and children`s future is involved. Hence, it may take some more time to separate for Donald and
Angelica to get the legal divorce documents.
As per the Matrimonial Cause Act 1923, Angelica deserves a facility for herself and her children
in future. The certificate clearly showed all the previous details of Angelica Coley and Donald
Murdock. Hence, Angelica can apply for the legal separation from her husband with the help of
this paper. Otherwise, she cannot apply for a separation with her husband. The divorce paper
must contain all the current status of the party to understand the judge about the correct scenario.
It needs to mention all the problems to assure Angelica that she will get her right as per required.
Otherwise, she can feel insecure under the rules and regulation system of UK. Angelica should
contact the experienced divorce officer and solicitor to run the process faster. It will help her to
get rid of mental, psychological and physical stresses.
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Question Two:
Table of Content
Introduction:....................................................................................................................................8
Case study and Issues:.....................................................................................................................8
Advice for Mrs Pitt:.........................................................................................................................9
Advice for Ms Lulu:......................................................................................................................10
Conclusion:....................................................................................................................................12
Recommendation:..........................................................................................................................12
Introduction:
In this case study, Mr and Mrs Pitt were married for about 25 years. They had four children and
one of them is adopted. However, about eleven month ago Mr Pitt died of heart attract suddenly.
Now his family members are confused about the distribution of his large property. In fact, Mr
Pitt had a large number of properly and money in his bank accounts so that he can survive in his
older age. The researcher has gone through the case study and came up with a solution for the
problem to distribute of Mr Pitt`s estate properly.
Case study and Issues:
This case deals with the issue related to the ownership and possession of assets after the death of
a spouse. In this case, Mr. Pitt and Mrs. Pitt has been living life since 25 years. They had four
children, Alicia and Tulisa are 22 years old. Meanwhile, they had two sons, Louis is 17 years old
and Scott is 13 years old who has been adopted a son. More specifically, unexpected tragedy has
affected the social and financial status of this family. Mr. Pitt died due to major heart attack
eleven months ago. Lulu trumpet told to Mrs. Pitt about their serious relationship with the Mr.
Pitt. Moreover, Lulu told Mrs. Pitt that Mr. Pitt was a music lover. More specifically, she told
Mrs. Pitt that she was in a mental institution that's why she did not come earlier after the death of
Mr. Pitt.
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Mr. Pitt was the owner of valuable properties such as he had an account with Sentora Bank in
which £ 225k dollar. In particular, he had an account with National big Building Society of
£28K.
Mr. Pitt has a joint account with Ms. Lulu Trumper in National big Building Society around
£43k.
Mr. Pitt has account ion Alliance and Leicester PLC in which he has amount worth of £68 k. In
particular, he has taken life insurance policy with death cover of £90k. He had share value worth
of £25 k. Mr. Pitt was sharing joint ownership in matrimonial home with his wife as beneficial
tenant worth of £490k. Indeed, Mr. Pitt was more having any kind of financial debt before his
death. After hearing that Mr. Pitt had secretly married life with Ms. Lulu Trumper she got
worried and asked the help of legal adviser regarding ownership and possession of estate owned
by Mr. Pitt. However, she is right to own the assets and financial value owned by Mr. Pitt6.
In this case, Mrs. Pitt is the plaintiff and Ms. Lulu Trumper is a defendant. It is the legal rights of
Mrs. Pitt to get the financial and legal ownership of the property owned by her husband. On the
other hand, the sudden death of Mr. Pitt had created massive trouble to his wife and children.
The legal adviser should convince her about the ownership of property, assets, and estate. The
situation has become critical for Mrs. Pitt to manage the assets possessed by her parents because
she has to face another candidate regarding possession of estate owned by her parents. It is the
fault of Mr. Pitt that he had illegally, unethically and secretly did marriage with an unknown
woman. He might have thought before his death about the legal and ethical rights to the assets
and liability possessed by him7.
Advice for Mrs Pitt:
As per the guidelines of UK based Inheritance Act, 1962 article 5 shall apply to the ownership
assets relate with the adopted child. The spouse has the legal right to share the ownership of
assets after the death of a husband or wife. If a person has parents before his death than
possession of assets and ownership of estate can be moved to his parents as per the article 5 of
Inheritance Act 1962.
6Weisman J, '“Ownership” “Assets” And Transferability Of “Property Rights”.' (2010) 27 Israel
Law Review
7'Title, Ownership, And Possession. Articles Subject To Ownership. Right To Artistic Creations'
(2012) 21 Harvard Law Review
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Article 2 of Inheritance Act 1962 suggests that the spouse of a deceased person shall make
inherit ⅓ of property left by the deceased person.
As per the article, 3 of the Inheritance Act 1962 if a deceased person had not left any kind of
surviving descendants than in this situation his spouse will take possession in the ownership of
the estate. The third succession of Inheritance act 1962 suggests that if a deceased person is not
survived by their hair then his estate shall move to the parents8.
In this case adopted son Scott has also the right to take possession and ownership of the assets
held by his father. Most importantly, Ms. Lulu Trumper has rights to take ownership of the assets
and estate owned by his deceased husband. More specifically, Mrs, Pitt has also the legal right to
hold the ownership of their estate and assets owned by Mr. Pitt. On the other hand, article 7 of
Inheritance Act 1962 suggest that after the death of a spouse the other spouse has beneficial right
to hold the ownership of the joint estate with the common descendants of both the spouses.
Law number 48/1989, article 2 suggests that both the spouses have the legal rights to take the
ownership of the disputed property after the death of the husband.
In this case, marriage settlement requires the remove the threat in the ownership of assets and
property held by a spouse's after his death. This case is full of financial mismanagement due to a
sudden death of Mr. Pitt and his secret married life.
Advice for Ms Lulu:
Ms. Lulu has an edge and right in this case to possess the ownership of assets held by Mr. Pitt.
On the other hand, she is legally and socially unknown to her husband's legally and socially wife.
Meanwhile, article 26 of Inheritance Act suggests that violating the marriage clause can create a
dispute in the ownership and possession of assets by their higher.
In this case, Mr. Pitt is illegally married to a woman without communicating his legal family and
wife. As a consequence, the ownerships of property belong to the both the family of Mr. Pitt.
In the UK extra wife has the legal and financial right over their husband. The government
provide extra benefit under the welfare system of UK9.
8'Legislation.Gov.Uk' (Legislation.gov.uk, 2016) <http://www.legislation.gov.uk/> accessed 19
December 2016
9
Levkovitz V and others, 'Perception Of Ill Spouse And Dyadic Relationship In Couples With
Affective Disorder And Those Without' (2010) 58 Journal of Affective Disorders
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The secret marriage comes under the criminal offense so as the Mrs. Pitt has to share the
property with the Ms. Lulu because she is married to her husband. More specifically, if she
allows the Mrs. Pitt that she does not want to hold the assets and estate possessed by deceased
husband Mr. Pitt. It is the liability of the court to decide the authentication and fair judgment
because both the parties are equally eligible to possess the ownership in the estate owned by Mr.
Pitt10.
On the other hand, Ms. Lulu can only share property in which she has got legal rights and she
can not possess the ownership in those assets which has been joint ownership held by Mr. and
Mrs. Pitt.
In particular, both the parties should communicate with each other for solving the issue. More
specifically, Mrs. Pitt can only share the ownership of those assets in which she is the joint
owner. On the other hand, Ms Lulu can move to the court regarding ownership issue because she
deserves to get the possession in those assets which are fully possessed by Mr. Pitt11.
It is the responsibility of Mrs. Pitt to file the complaint in the court to get the legal trial. It is
totally inappropriate that a person marry while he has another married life. In the case massive
legal and financial will arise which can affect the financial and social status of both the party.
In this case, Ms. Lulu Trumper has the advantage to get the legal ownership in the joint account
held with the National Building Society worth of £ 43k. On the other hand, Mrs. Pitt has the
legal advantage to get the ownership and possession of those assets in which she has joint
ownership with her belated husband Mr. Pitt such as £90k worth deposit in life insurance policy,
£490k ownership in the matrimonial home.
However, both the parties have to share equally in those states in which Mr. Pitt is holding full
ownership such as the account in Sonora Bank worth of £225 k and a bank balance worth of
£28K in National big Building Society and £68 k worth of bank balance in Alliance and
Leicester PLC.
Mrs. Pitt should move to court for getting full ownership of the assets and estates possessed by
Mr. Pitt. In particular, Mrs. Pitt should focus on getting the possession in those assets for which
she is fully eligible. Under the Inheritance Act 1962, the legally and the officially spouse has
10Rydqvist K, Spizman J, and Strebulaev I, 'Government Policy And Ownership Of Financial
Assets'(2011) SSRN Electronic Journal
11
Bendix R, 'Inheritances: Possession, Ownership, And Responsibility' [2009] Traditions
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right to get the ownership and possession of the assets and estates owned by their deceased
spouses12.
Conclusion:
Mr. Pitt has done the criminal offense by doing secret marriage which will surely affect the
financial and social status of their family. Meanwhile, Ms. Lulu may be fraud, in this case, she
wants to get financial and legal benefit by forcing Mrs. Pitt that she had married to Mr. Pitt and
she has baby of 10-year-old with him. It is the responsibility of legal advice to investigate the
identification and status of Ms. Lulu Trumper because she has claimed her parental status after
the death of Mr. Pitt.
Recommendation:
Indeed, investigating the reality and status of Lulu would help the legal adviser and Mrs. Pitt to
ensure their legal and social rights of the possession of assets and estate held by belated Mr. Pitt.
Overall, it is effective enough to say that, Mrs. Pitt has a legal advantage in this case to get legal
and financial ownership in those assets who have been possessed by Mr, Pitt. Proper
investigation is required to ensure the reliability and ownership of assets which has created the
dispute.
12'Husband And Wife. Rights And Liabilities Of Husband As To Third Party. Liability Of
Husband For Wife's Necessaries When He Has Furnished Her With Money' (2009) 43 Harvard
Law Review
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Reference List:
Bendix R, 'Inheritances: Possession, Ownership, And Responsibility' [2009] Traditiones
Brooks L, 'Matrimonial Causes: Being An Exposition Of The Matrimonial Causes Act, 1937;
The Summary Procedure (Domestic Proceedings) Act, 1937' (2011) 3 The University of Toronto
Law Journal
Eijkholt M, 'Procreative Autonomy And The Human Fertilisation And Embryology Act 2008:
Does A Coherent Conception Underpin UK Law?' (2011) 11 Medical Law International
'Husband And Wife. Rights And Liabilities Of Husband As To Third Party. Liability Of
Husband For Wife's Necessaries When He Has Furnished Her With Money' (2009) 43 Harvard
Law Review
Jeffreys S, 'They Know It When They See It: The UK Gender Recognition Act 2004' (2008) 10
The British Journal of Politics and International Relations
'Legislation.Gov.Uk' (Legislation.gov.uk, 2016) <http://www.legislation.gov.uk/> accessed 19
December 2016
Levkovitz V and others, 'Perception Of Ill Spouse And Dyadic Relationship In Couples With
Affective Disorder And Those Without' (2010) 58 Journal of Affective Disorders
Rydqvist K, Spizman J and Strebulaev I, 'Government Policy And Ownership Of Financial
Assets'(2011) SSRN Electronic Journal
Scott-Joynt M, 'The Civil Partnership Act 2004: Dishonest Law?' (2007) 9 Ecclesiastical Law
Journal
'The Human Rights Act 1998' (2009) 19 Property Management
'Title, Ownership, And Possession. Articles Subject To Ownership. Right To Artistic Creations'
(2012) 21 Harvard Law Review
Weisman J, '“Ownership” “Assets” And Transferability Of “Property Rights”.' (2010) 27 Israel
Law Review
13

Appendices:
Appendix 1:
Certified copy of an entry of marriage
Pursuant to the marriage act 1949
Registration District Redbridge
Marriage solemnized at The Register OfficeDistrict of Redbridge in the London Borough of
Redbridge.
Columns:-
No: 1 2 3 4 5 6 7 8
When Married Name and surname Age Status Rank or profession Residence at time of
marriage Father’s name Father’s profession
26th Angelica Coley 22 Spinster Business student 6 Bollystick Greenway Cole
Coley Musician
20 September
2004
Donald Murdock52 DivorceeCompany director 6 Oldfool Way Seniorbridge
Adam Murdock Baker
Marriedin theRegister Office__by certificate before________Douglas
Michaels__________________________
This marriage{____
Angelica Coley_______} in the {___Mark Ainsley____
Superintendent Registrar
Solemnized {_____Donald Murdock__ _}presence {___
Stan Watson___
_________________________________________________
Between us. Of us
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Certified to be a true copy of an entry in a register in my custody. Registrar
}
Maureen Wilson……………………
CAUTION:-It is an offence to falsify a certificate or to make or knowingly use a false certificate
or a copy of a false certificate intending it to be accepted as genuine to the prejudice of any
person or to possess a certificate knowing it to be false without lawful authority.
Figure 1: Marriage Certificate
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