Question
Vishnu and Chloe have been married for 8 years in the UK. Vishnu, who is 38 years of age, is the director of a company
Vishnu and Chloe have been married for 8 years in the UK. Vishnu, who is 38 years of
age, is the director of a company specialising in AI software. He earns 70,000/per
annum. Chloe is 34 years of age and is a housewife. She has a degree in law and
previously worked as a paralegal but gave up her job to look after their two children;
their son, Aadi, who is 6 years old and their daughter, Gemma, who is 2 years old. They
live in Brentwood, Essex in a 4 bedroom house which they own jointly. Vishnu also
owns two cars - a Jaguar sports car and a Range Rover.
In February 2024, Chloe suspected that Vishnu was having an affair with his colleague,
Kate. She found out some pictures on Vishnu's phone on 10th January 2024 after his
New Year's party showing he had been hugging and kissing Kate. Vishnu denies the
affair saying that Kate is simply a friend. He has also been working late and has not
been spending a lot of time with the children. Equally, Vishnu is accusing Chloe of
having an affair since he found intimate texts from her colleague, James, which she
denies. There appears to be distrust on both sides.
Chloe, who is a Christian, is currently staying with her parents in Colchester and doesn't
want to return to her house because she is worried that Vishnu's values conflicts with
hers. She wants to raise Aadi and Gemma as Christians and send them to a Catholic
school near her parents' home in Colchester. Aadi is currently attending a private school
that is secular but respects all religions. He also attends a Hindu Saturday school where
he learns about Hinduism and Gujarati. Since Chloe has been in Colchester, Vishnu has
been regularly coming to her parents' house calling and texting her. He has also
frightened the children by shouting at her from her parents' driveway and violently
banging on the front door. The source of Vishnu's anger is that he believes Aadi is
missing out on his Saturday school. Chloe refuses to respond as she is now scared of
him and is worried his threatening behaviour is affecting the children's happiness. She is
thinking about divorcing Vishnu.
You are a solicitor for Bymans LLP and Chloe comes to you seek legal advice on the
following issues:
1. What legal options are open to her to bring her marriage to an end? Critically
analyse her options under the Divorce, Dissolution and Separation Act 2020 and the law
generally and finally, consider any challenges she may face from Vishnu. (25 marks)
2. What financial and property orders could the court make on divorce and how
would they apply the various factors under s.25 MCA 1973?
(35 marks)
3. What orders could she obtain to enable both children to stay with her with
reference to the criteria which the court would consider in the children's welfare?
Secondly, what orders could she apply for to protect her from Vishnu's threatening
behaviour? (40 marks)
Advise Chloe on the above issues giving justifications for your answers, quoting the
relevant law and evaluating her chances of success. Provide detailed references to case law and specific statutory provisions for every single point made with regards to UK law. Case law is very important for this so provide a significant amount, as well as specific statutory provisions in detail.
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