1.Stephen and Michelle Green were married 10 years ago on the 3rd March 2005. They have 2 children, Jacob who was born on 12th July 2005 and Sally who was born on 8th January 2008. Stephen is 48, his date of birth is 10/2/1967 and Michelle is 42, her date of birth is 31/1/1972.
You have been instructed by Stephen Green who tells you that the marriage has been in difficulties for at least a couple of years as Mrs Green has been spending more time away from home due to work commitments. In 2013 Michelle Green got a job with a large international organisation which meant that she spendt at least 4 nights per week in London. For the past year they have been living like “strangers” in the same house and now all communication between them has broken down to the extent that Mrs Green now buys her own food. Mr Green tells you that last week she became very aggressive when he drank some of her wine which she had left in the fridge.
There have been no sexual relations between the parties for around two and a half years and Mr Green believes that his wife is having a relationship with someone else whom she has met through work. When he has tried to talk to her about this, Mrs Green refuses to discuss the matter and so Mr Green feels that there is no other option other than to bring the marriage to an end. However Mrs Green comes from a very strict Roman Catholic family and Mr Green is concerned that she will be reluctant to get divorced. Furthermore he tells you that Jacob is not in fact his child. Five years ago Michelle told him that that whilst they were engaged, she had a sexual relationship with a work colleague whom she believed was Jacob’s biological father. Paternity tests were undertaken in 2010 and they did indeed prove that Stephen was not Jacob’s father. However Mr Green has continued to maintain all financial support for Jacob and regards him as his son.
Mr Green is anxious to move on with his life, he finds the current living arrangements unbearable and would like advice about dividing the family assets in an equitable manner. Mr Green is employed as the head teacher of a large high school in Prestown. He earns approximately £75,000 per annum and is a member of the Teachers’ Pension Scheme which he joined in 1990 when he got his first teaching post. Mrs Green works as a senior administrative officer for a mineral exploration company and earns in the region of £45,000 plus an annual bonus of approximately £10,000. She has a very limited private pension from previous employment.
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The matrimonial home, 12 Tewkesbury Drive Preston, is in the joint names of Stephen and Michelle. It is worth approximately £450,000 and is subject to a mortgage of £150,000. Michelle has made it clear that she wants to realise her interest in the property so that she can buy a property in London. Mr Green tells you that the children will remain living with him as they are settled in school in Prestown, although they will have regular contact with their mother.
Last year Mr Green inherited a valuable collection of water colours from his late grandfather’s sister who never married. They are reputed to be worth £200,000 and he is very reluctant that they should be considered as a matrimonial asset. However he does tell you that at the time the parties got married Mrs Green’s parent gave them a gift of £20,000 which they used as a deposit on their first home.
ANSWER BOTH QUESTION A and B
(a) Advise Stephen Green on the steps he can take in order to bring his marriage to an end. ?
30 marks ?
(b) Consider the criteria which a court would take into account when resolving Stephen and Michelle’s ancillary matters and suggest a possible financial settlement between them. ?
50 marks ?