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 post:

The division of assets is far more than just financial:

Victims of DA face not only the exhaustion of applying for the divorce and often juggling work and children, but the additional trauma of having to re-live the experience an face further abuse from the perpetrator by way of financial abuse and more importantly, child contact arrangements.[1]

The Family Courts are not fit for purpose. One would assume that civil orders, under the guise of a Family Court and the notion that by being separate from the Criminal Courts, offer a "friendlier" and less oppressive way of conduct ; this unfortunately could not be further from the truth.[2]

I would like to dedicate another post to child contact matters and Child Arrangement Orders, under section 8 Children Act 1989[3] and focus here upon the division of assets and the courts stance of such following DA in divorce.

The Divorce, Dissolution and Separation Act 2020[4] has attempted to modernise the old , confusing and outdated legislation detailed in Matrimonial Clauses Act 1973[5]; addressing not only the financial provisions, fairness and equality , but the conduct of the parties.[6]

In White v White[7] Lord Nicholls alluded to section 25(2)(f) MCA 1973[8] pertaining to the contribution to the family that is made by the spouse who sacrifices their career to care for any children. This is particularly pertinent for Gail as she gave up her successful job to care for their child. Furthermore, Gail contributed to the marriage by way of a property, inherited from her mother and now rented to finance Julia's school fees.

Gail should take solace from the fact that the court will take a grave view to Carl's conduct and that they have various orders under sections 22-24 MCA 1973[9] available to them. Of paramount consideration will be the welfare of Julia[10] and any matters regarding contact will be stringently reviewed by Cafcass and separate from the division of assets.

Do you feel that Carl should financially support Gail and Julia even if he is unable to see Julia due to DA?

[1] Louise Tickle, A system that re-abuses victims is not a system fit for purpose (Family Law, 26 February 2021)

< https://www.familylaw.co.uk/news_and_comment/a-system-that-re-abuses-victims-is-not-a-system-fit-for-purpose> accessed 19 April 2024

[2] Eve Rosato, Domestic Abuse: Senior judge open to reform of family courts (BBC, 4 April 2024)

< https://www.bbc.co.uk/news/uk-northern-ireland-68732503?fbclid=IwAR0E9vRy_JlWKh8OvBfBCheBmvOentNTxu6FokI5GoR0g3ZEXSZzVJncymQ_aem_AWkNmJswsPP6EaW024yuuUk2yzDbXwS1HseM7nE3Qei1hwChkSFsV6WtOjTeiF5z5eA> accessed 19 April 2024

[3] Children Act 1989, s8

[4] The Divorce, Dissolution and Separation Act 2020

[5] Matrimonial Clauses Act 1973

[6] Ibid, s25(2)(g) 1973

[7] White v White [2001] 1 AC 596

[8] Matrimonial Clauses Act 1973, s25(2)(f)

[9] Matrimonial Clauses Act 1973, ss 22-24

[10] Ibid, s25(1) 1973

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