Discussion Topic: Carl and Gail have been married for eight (8) years. They jointly own a three bedroomed house worth 450,000. They have one child, Julia aged seven (7).

Gail gave up her successful job as a successful accountant to look after Julia. Carl works as a successful lawyer and earns 250,000 a year. The couple also own a cottage that Gail inherited from her mother before she and Carl met but she rents this cottage out to pay for Julia's school fees.

In the last two (2) years Carl and Gail's relationship has changed in that Carl decides everything for Gail; from what sheis allowed towear to what she can do and to whom she can talk. Gail loves Carl and wants to please him. She tries very hard, but Carl always finds fault and punishes her. He is often violent to Gail, pushing her down the stairs, hitting her, and on one occasion he broke her arm: she never reported it to anyone, as she was very embarrassed.

In recent weeks Carl has become even angrier and has taken his frustration out on Julia ona number ofoccasions, shaking her violently. Gail cannot afford to move out as Carl controls the spending of the household income and she wants to stay with Julia in the house. Gail has had enough and wants to divorce Carl in the long term and wants him out of the house, so that she and Julia can live in peace.

To taunt her one night, Carl comes home drunk and starts banging on the bedroom door. When Gail threatens him with the police, he shouts that he will come back later and 'finish them all off.' Gail is now extremely frightened. She wants the violence to stop immediately and then to divorce Carl, but she is worried that the court will award himall ofthe marital property and as she has no job,she is worried that her and Julia will be left destitute.

In the light of the above consider the following for discussion:

1. Advise Gail on how family law can assist her in the short term with regards to Carl's violence and threats against her and their daughter, Julia.

2. If Gail chooses to divorce Carlon the basis oftheir marriage having irretrievably broken down due to his unreasonable behaviour, how might the court redistribute the marital property?

Response: The facts given in this scenario give rise to a claim of domestic violence. We must therefore understand the legislation which governs domestic violence before advising Gail on the best course of action during and before the intended divorce.

Today's culture views domestic violence as a serious violation of human rights.[1]Consequently, laws have been developed to give the individuals in question justice. The Family Law Act 1996,[2]the Protection from Harassment Act 1997[3]and the Domestic Abuse Act 2021,[4]offer several remedies which may be available to Gail.

The FLA 1996[5]sought to provide a unified code in order to provide remedies for domestic violence.[6]The non-molestation order and the occupation order are the two remedies available under part 4 of the FLA 1996.

The PHA 1997[7]also offers a source of protection whereby the court can grant a restraining order in favour of the victim. The same statute forbids engaging in behaviour that would be considered harassment under section 1(1).[8]

In 2021, section 1(2) of the DAA 2021[9]introduced the statutory definition of abuse. A list of abusive behaviours is included in DDA 2021, section 1(3)[10]. Additionally, the DAA 2021[11]attests that any child who witnesses, hears, or is affected by domestic abuse is considered a victim.[12]A domestic abuse protection order and a domestic abuse protection notice are two remedies available under the DAA 2021.[13]

Should Gail decide to divorce Carl, the Matrimonial Causes Act 1973[14]will provide a variety of orders which aim to provide equitable results as seen in White v White [2001].[15]During cases of divorce, the court will consider the MCA 1973 section 25[16]in order to ascertain the correct distribution of property and assets.

It is imperative that we comprehend the remedies and orders that are available to both Gail and Julia.

[1]J, Herring,Family Law,(10^thedition, Pearson 2021) pg 309

[2]Family Law Act 1996

[3]Protection from Harassment Act 1997

[4]Domestic Abuse Act 2021

[5]Family Law Act 196

[6]The University of Essex, My CourseLecturecast 9 - Domestic Abuse and Harassment in Relationships,https://my-course.co.uk/law/FMLW/FMLW%20Lecturecast%205/content/index.html#/accessed 15 April 2024

[7]Protection from Harassment Act 1997

[8]Protection from Harassment Act 1997

[9]Domestic Abuse Act 2021

[10]Ibid section 1(3).

[11]Domestic Abuse Act 2021

[12]N Duffield,J Kempton & C Sabine,Family Law and Practice, (2024, CLP) pg 266.

[13]Domestic Abuse Act 2021

[14]Matrimonial Causes Act 1973

[15]White v White [2001] AC 596

[16]Matrimonial Causes Act 1973

Respond to the above post using OSCOLA referencing for the primary and secondary sources.