Divorce Law and Child Protection

This assignment delves into a hypothetical divorce case between Georgia and Amir. It examines legal grounds for divorce based on Amir's unreasonable behavior, including domestic violence and aggressive behavior towards children. The assignment analyzes potential court orders regarding spousal and child maintenance, lump sum payments, property transfer, and pension division. Furthermore, it discusses the court's approach to protecting children in this situation, including orders for protection and enabling Georgia to stay in Cheshire with her children.

Family law

TABLE OF CONTENTS
INTRODUCTION...........................................................................................................................1

INTRODUCTION
Grounds on which the marriage of Georgia with Amir can be annulled.
Annulment is analysed as legal procedure that is made family court within a secular and
religious legal systems for declaring marriage null and invalid. It is also way used for ending the
marriage, like divorce. Further, a person can get his/her marriage annulled at any time after
marriage. As per English law, Annulment or the Nullity Decree means that a person is treated
either if she has never been married. In this way, it is quite different to divorce as when the
person marriage is dissolved by divorce, she will be treated by the law as having married before.
In UK, Annulment can made where the court decided that the marriage is not valid. There are is
major difference between a void and voidable marriage. As per law, there are mainly two
grounds on which a marriage can be annulled such as:
Void marriages: It is the first basis which states that marriage of person can be annulled if it is
declared void by the court. In this basis, a person can apply for Annulled on the following
grounds:
 If the marriage was with the party which is very closely linked to blood relations. For
example: A person cannot marry with his sister, mother and brother.
 Marriage can declared void and annulled when one of the party was below the age of 18
years. It will not matter either the person has married that individual in a country that
allows marriage with a person under that age.
 It can also be void if at the time of marriage one person was already married with
someone else.
 The parties were not respectively male or female.
 Persons have proceeded for marriage although they understood that rules has not been
observed.
Voidable marriages: It is identified as marriage that exists until the annulment after which it is
declared. In this, a person can apply for annulment on these grounds such as:
 A marriage can declared voidable when it was not consummated as one person can't. The
consummation refers to the normal sexual intercourse.
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 Marriage is declared voidable when consent of one party is taken by coercion or because
of any type of family or emotional pressure was placed on them, mistake, mental illness
etc.
 If the parties to marriage are not able to speak due to communicable venereal problems or
disease at the time of marriage and along with their family members they was also having
information about this at that period but didn't ask to the petitioner.
After analysis of the case study, it is identified that Before meeting to Georgia, the Amir
was forced by his family members to marry with her second cousin in a religious ceremony in
Pakistan. At the time Amir was having age of 17 Years and was also not clear about his sexuality
and thought that he might be gay. Therefore, it is clear that Amir was marriage was invalid. In
Second situation, Georgia's marriage with Amir is considered as valid because the parties have
provided their consent on marriage. At the time of marriage both were having the age more than
required to marry. Further, marriage was carried out on the grounds of Coercion. Second
situation does not meet the grounds of Annulment. Thus, Nullity decree is not possible in this
case and Georgia is advice to go for divorce.
Basis for Georgia to divorce Amir 450
According to (), a party can apply for a divorce when they need to prove that their
marriage has been broken down. Study has determined that there is only one legal ground for
person to get divorce, which is that the marriage was irretrievably broken down by establishing
one of the following facts:
 Adultery: It is essential fact which state that a person whether he/ she can take divorce
by proving that his/ her partner has some sexual relationship with another person. If the
relationship short of the sexual intercourse has been taken place or would be difficult to
prove adultery, it is suggested that the party can use unreasonable ground to take divorce.
This will prevent the difficulties and delays later on. In present case, relationship between
the Georgia and Amir was strained over twelve months and due to their sons ear
infection, they were not having time to for each other. This has affected their physical
relationships and Georgia wonders that If Amir was having a relationship with some else.
She has found receipts of restaurant and sawed a reminder on Amir's phone. She asked
Amir about this but he denied for anything is going on. After analysis of case, it was not
found that Amir was having any relationship with someone else.
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 Unreasonable behaviours: It is now the most common fact on which individuals prove
the ground for divorce in England and Wales. In this, A person can take divorce by
saying that his/ her partner has behaved in such a way that he /she will not reasonably be
expected to live together. In an unreasonable behaviour, the petitioner carry out number
of allegations against the respondent. If those allegations are serious for example:
violence. If the allegations are mild. For example Not caring and not providing money for
expenditure, then six allegation may be required to take divorce. In present case, Amir
was sometime gets drunk and becomes aggressive towards Georgia. On two occasion, he
was also Violent towards her. Therefore, on the ground unreasonable behaviour, Georgia
have power to make serious allegation of Voilance and abusing children against Amir.
 Desertion: This is when one party was deserted by another party for continuous period
of at least two years.
 2 Years of Separation with consent: In this, A person can file a divorce petition if his/
her partner have been separated for at least two year and other party is agreed for
divorce.
 5 years of separation: It implies the case in which the both the parties are not living
with each other from last 5 years, then they have the right to issue the divorce preceding
without having any other party consent.
Thus, it is advised to Georgia to file petition on the grounds of unreasonable behaviour
against Amir for the reason of Domestic violence and Aggressive behaviour towards children.
On this basis, she is able to take divorce and court will provide the judgement in her favour. She
is also liable to get compensation from her Husband for taking care her children.
Financial property orders made by court on divorce and approach of court towards Pre nuptial
agreement. 1350
According to law, court has the power to make various or distinctive order in relations with the
matrimonial finances at the time of divorce proceedings. In the broad terms, these are as follows;
 Orders of Maintenance: These are also classified within two distinctive forms of the
maintenance by being a child and spousal maintenance. Maintenance is said to be order
of court which asks one spouse to pay maintenance (that is also considered as periodical
payments) to the other spouse on continuous basis. Such type of payments will be limited
to develop a period. Or in the case of espousal maintenance, may continue on joint lives
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basis. In present case, Court has the ability to provide judgement on grounds of
unreasonable behaviours that Amir has a pay a specific sum to Georgia on continuous
basis as amount of maintenance, because she is not having any source of income.
 Lump Sum orders: It mainly implies to those orders which are provided by the court on
one spouse to provide a lump sum amount to the other spouse in the form of financial
settlement. It is the best and effective judgement which tends to resolve the conflict
without having any problems and delay. The sum can also be any amount of funds based
upon the things and assets which are available in the case and can be used in the form
offsetting rather than transfer of properties or pension. In this context, on grounds of
matrimonial act 1973, the court can also provide judgement that Amir needs to pay lum
sum amount to her wife Georgia as a part of financial settlement. Moreover, he can also
use his property for settlement of financial settlement, Despite of transferring property, he
can sell it and pay the specific amount of money to Georgia.
 Transfer of property: As per matrimonial act 1973, the court has the power to order that
either spouse needs to transfer any asset or property that belongs to them to the other
spouse. The property which is due to transferred will be in their sole name or in joint
names and therefore, the court can order that thei
 Pension orders:
Orders for protection of children from and enable stay in Cheshire in short term. 750
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