Family Law – divorce financial remedy

Q7 Claudia and Malcolm met in June 2014. Claudia currently works as a successful architect and has won awards for her pioneering designs. Until recently, Malcolm was an investment banker and whilst he was a high-earner Claudia has always earned more money. The parties married in February 2015.

 

Prior to marriage, there was discussion of signing a prenuptial agreement, but Claudia refused believing such contracts to be unromantic. In March 2015 they purchased a house in London worth £2.2 million pounds and enjoyed an extravagant lifestyle. In June 2015, Claudia received an inheritance of £750,000 from a distant relative and. owing to smart business moves. acquired shares in a tobacco company worth £1.2 million pounds.

 

In May 2016, Claudia gave birth to Zac. She returned to work shortly after the birth. The marriage started to experience difficulties throughout 2017 when Malcolm started gambling and living beyond his means. In January 2020, Malcolm was made redundant following a crash in the stock market.

 

In April 2020, the parties decided to divorce after Malcolm committed adultery with Bethan. However, neither Malcolm nor Claudia can settle on the division of assets. While not destitute, Malcolm is struggling financially and believes that all post-marital assets such as Claudia’s inheritance and shares in the tobacco company should be shared equally. Claudia rejects this suggestion believing that she should be entitled to most of the assets in light of her stellar contribution as an award-winning architect and owing to Malcolm’s foolishness in squandering his money. She also believes that the court should penalise Malcolm for committing adultery with Bethan.

 

Advise Claudia on how the court might divide the couple’s assets.

 

Instructions : Please write 1000 words. I have attached my notes on financial remedy in this file, please refer to my notes and please include more cases from my set of notes. You can make use of sub headings and please make the structure of the essay clear.

 

If financial remedy is not the set of notes needed to answer the question, please let me know instead which set of notes is needed from the below lecture schedule.

 

Lecture 2-4 : marriage and civil partnership – formalities and nullity

Lecture 5-7 : divorce and dissolution

Lecture 8-10 : financial remedy orders and prenuptial agreements

Lecture 11-13 : cohabitation

Lecture 14-15: children Act 1989, the welfare principle and paraental responsibility

Lecture 16-17: child arrangement orders

Lecture 18-19 : child protection

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