LA2019: You have been consulted by seven clients, Ariana and Calvin, Donovan, Hardik, Iris, Krsytelle, and Naomi about the following scenarios Advise ALL SEVEN clients: Family law Essay, UOL, Singapore

University University of London (UOL)
Subject LA2019: Family law

You have been consulted by seven clients, Ariana and Calvin, Donovan, Hardik, Iris, Krsytelle, and Naomi about the following scenarios. Advise ALL SEVEN clients.

(a) Ariana is divorced from Brandon. She lives in the former family home with her boyfriend, Calvin, and the two children from the marriage. On a contact visit with Brandon, the elder child alleged that he had been beaten and kicked by Calvin. Brandon has rushed around to the house and when Calvin opens the door, throws a punch at him, knocking him to the ground.

(b) Last year Donovan, a married man, met Elena at a sales conference and they had a sexual encounter. Subsequently, he refused to return her phone calls and texts and she then started texting and calling him at night and at weekends, always hanging up if his wife, Felicia, answered. Recently she has begun to sit in her car outside his house and to follow him when he goes out.

(c) Gita is 79 years old and suffers from Alzheimer’s disease. As a feature of her illness, she is sometimes verbally and physically abusive to her husband and carer, Hardik, who is a frail 85-year-old. The stress of looking after Gita is damaging Hardik’s health. The home is jointly owned.

(d) After years of violence, Iris ended her relationship with Joe three months ago. She moved out of the home with their three young children to her sister’s. Now she has fallen out with her sister and wishes to move back in to the home and have Joe thrown out. The home is in Joe’s sole name.

(e) Krystelle and Lauren are a same sex couple living together in a house owned by Krystelle. Krystelle is pregnant through artificial insemination and although they were planning to bring up the baby together, their relationship has broken down. Last week during an argument Lauren pushed Krystelle who fell down a short flight of steps. The baby was fine but Krystelle was very shaken.

(f) Manuel and Naomi are opposite-sex civil partners. Their home is in Manuel’s name. Manuel is very jealous and controlling and over time he has isolated Naomi from her family and friends. He has manipulated Naomi into questioning her own thoughts and memories. Recently he installed a tracking tool on her phone so he always knows where she is. Naomi is terrified of angering Manuel as she has seen him smash furniture and other belongings when he has lost his temper.

Certainty as to the existence of a marriage is in the interests of the parties to a ceremony and of the state. Indeed, it could be said that the main purpose of the regulatory framework (…) since it was first established over 250 years ago, has been to make this easily ascertainable and, thereby, to provide certainty.” Attorney General v. Akhter and Khan (2020) EWCA Civ 122 Critically review the statement in consideration of the different objectives of the law of the formation of marriage and civil partnership. Support your review with reference to cases, statutes and arguments by family law scholars.

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