Family Law

Lizanka T asked:


What questions could possibly arise from this scenario, and what relevant case law and statutes should i be aware of, any help will be greatly appreciated.

Angela started a relationship with Dave, a fellow student, whilst studying for a degree in law at University. After the first year on the course they decided to move in together and get engaged. Rather than rent a house, Dave’s father agreed to give Dave a helping start on the property ladder and paid the deposit of £20,000 (twenty thousand) on a £200,000 (two hundred thousand) house. He also agreed to initially assist with the mortgage payments and act as a guarantor on the mortgage. However as he had never approved of Dave’s relationship with Angela he was only prepared to assist in this way if the house were put into Dave’s sole name. Dave and Angela reluctantly agreed to this course of action.

Whilst at University Angela paid Dave rent which he used to pay the mortgage. After successfully completing their degrees and Legal Practice Course they both went to work in the city as trainee solicitors. Some of Angela’s income was used to pay household expenses but as Dave worked for a large American practice he could now afford to pay the mortgage alone without any assistance from Angela or his father. Shortly after qualifying they started a family and in the space of a couple of years they had two young children. As Dave often worked abroad Angela did not return to work after the birth of the children. She looked after the children and carried out most of the domestic duties.

Angela suspected that Dave was having an affair due to the amount of time he was spending away from home. On searching his clothing she found a compromising photograph of him with his secretary. She confronted Dave with this who admitted this affair. That evening Angela moved out of the house with the children into her mother’s flat on a temporary basis. The conditions at her mother’s were cramped and she was forced to move into rented property. Dave refused to support her or the children and Angela had difficulty in coping with her mounting debts.

Angela became severely depressed and was prescribed a concoction of anti depressants by her G.P. Angela was also consuming half a bottle of whisky a day and spent most of her time in a drug and alcohol induced daze. During this time she was comforted in particular by a close friend Tracey, an eccentric older woman. Tracey was a self made millionaire with a substantial property portfolio across the country. Last year she had appeared in The Times Rich List with a personal fortune estimated at 50 million pounds.

After only a couple of weeks Tracey convinced Angela to enter into a registered civil partnership. Angela and her 2 children moved into Tracey’s home. Due to her continual drinking Angela often flew into uncontrollable rages. On more than one occasion she physically attacked Tracey who was powerless to defend herself. Eventually things get too much for Tracey and she told Angela she wanted the relationship to end. Angela was distraught and pleaded with her to give her one more chance. Further, she was diagnosed with a psychiatric disorder which explained her violent outbursts.