Family Law Report: Analysis of Leana and David's Case, 2024

This report analyzes a family law case involving Leana and David, focusing on several key legal issues. The primary question revolves around David's parental status concerning Leana's children, considering he is not their biological father due to his medical condition and the use of a sperm donor (his brother). The report delves into the enforceability of a prenuptial agreement between Leana and David, which stipulates that Leana would not have any claim on David's financial assets if they divorced within ten years. It examines whether this agreement is binding under UK law. Furthermore, the report explores the grounds upon which Leana can end her marriage with David, considering options like divorce and legal separation, and the relevant legal procedures and requirements for each. The report cites relevant legislation, including the Matrimonial Causes Act 1973, and case law such as Radmacher v Granatino, to support its analysis. The report concludes that Leana could apply for judicial separation. Furthermore, it highlights that the children are legitimate. The report provides a comprehensive overview of the legal issues in the case, offering a detailed examination of the applicable laws and their implications.

Running head: FAMILY LAW
FAMILY LAW
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Author Note:

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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.

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Another option is present to end a marriage by seeking legal separation3. It allows a
couple to live separately without getting divorce from the court. For it, application is to be made
too in the court having jurisdiction.
As per the laws of UK, any prenuptial agreement is not binding in England and Wales4.
Prenuptial agreement is a contract between two people before their marriage or any civil
partnership that declares how their financial assets and properties will be distributed if their
marriage is broken. Presently, the enforceability of such agreement will depend on the court’s
decision after considering its facts. It was observed by Supreme Court in the case of Radmacher
v Granatino.
Application:
From the facts of the case, it is found that David is not the biological father of Leana’s
children. As he was diagnosed with cancer, he had gone through several treatments. Due to the
effect of such treatment, he became impotent. Hence the couple decided to ask David’s brother
Jake to donate sperm. To keep the matter secret, insemination was done secretly at home and no
medical facilities were used. Since the insemination was done at home by Leana herself, the
Human Fertilisation and Embryology Acts 5are not applicable in this case.
Moreover, another fact that is found in this case that there was a pre- nuptial agreement
between Leana and David such that if they end their marriage within 10 years, Leana will not
have any claim on the financial assets or property of David. They got married in 2017 and hence
if she ends the marriage then as per the agreement she cannot claim anything from the property
3 'Get A Legal Separation' (GOV.UK, 2019) <https://www.gov.uk/legal-separation> accessed 6 May 2019.
4 Frémeaux, Nicolas, and Marion Leturcq. "Prenuptial agreements and matrimonial property regimes in France,
1855–2010." Explorations in Economic History 68 (2018): 132-142.
5 Human Fertilisation and Embryology Acts.

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and assets of David. But as per the present law of UK, such agreement is not binding and
depends on the decision of the court. Since she was actively involved in the management of
David’s business using her skills and expertise as a quantity surveyor, she can claim her share
from such business of David.
In order to end marriage, Leana has to apply to the Court having jurisdiction. Marriage
can be ended either by legal separation or by seeking divorce. Legal separation allows one to live
separately without divorcing or ending up the relation.
The children were born during the continuation of the valid marriage. Though he was not
the biological father, the children are legitimate.
Conclusion:
Hence it can be concluded that to end her marriage with David, Leana can apply for judicial
separation. As English law does not permit prenuptial agreement, hence she claim for her share
in such business. As the children were legitimate, she can also claim for the maintenance of the
children

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References:
Frémeaux, Nicolas, and Marion Leturcq. "Prenuptial agreements and matrimonial property
regimes in France, 1855–2010." Explorations in Economic History 68 (2018): 132-142
'Get A Divorce' (GOV.UK, 2019) <https://www.gov.uk/divorce> accessed 6 May 2019
'Get A Legal Separation' (GOV.UK, 2019) <https://www.gov.uk/legal-separation> accessed 6
May 2019
Human Fertilisation and Embryology Acts
Matrimonial Causes Act 1973