Family Law: Issues, Rules, and Application

Running head: FAMILY LAW
FAMILY LAW
Name of the Student:
Name of the University:
Author Note:

1FAMILY LAW
Issues:
The issues involved in this case whether David will be regarded as father to the children
of Leana though he is not their biological father. The second issue that needs to be analyzed
whether the pre-nuptial agreement is actually enforceable and if, yes then whether any financial
remedy is available to Leana after their separation. The third issue to be addressed here is on
what basis Leana can end her marriage with David.
Rules:
To end a marriage, either divorce can be sought or legal separation can also be opted by
either of the couples. Divorce will officially end a marriage1. Another option is getting a legal
separation. As per the laws of UK government, one can has to prove that the marriage broken
down to apply for a divorce. An individual needs to prove any of the 5 reasons in order to
succeed in a divorce application as laid down in Matrimonial Causes Act 19732.
The reasons are adultery, unreasonable behavior, desertion, separation for more than 2
years or separation for at least 5 years. Adultery means when one of the partner had sexual
intercourse with someone else of the opposite sex. However, one cannot refer adultery as a
reason if the couple lived together for 6 months after the fact is discovered.
Another cause of claiming divorce is unreasonable behavior like physical violence, verbal
abuse, drunkenness or drug taking or even refusing to pay for housekeeping. Desertion is also
another cause when a partner leaves another without any agreement or good reason for more than
2 years in the last 2.5 years. Separation is another cause of seeking divorce.
1 'Get A Divorce' (GOV.UK, 2019) <https://www.gov.uk/divorce> accessed 6 May 2019
2 Matrimonial Causes Act 1973.