Legal Analysis of Marital Issues, Child Custody & Financial Rights – Case Study

Case Study

You are employed as a family solicitor at the firm Hyams and Co. Gilly is 8 client t that visited you regarding her marital situation. She instructs you that for the last 8 years she has been married to Tom who is s senior Police Officer. A couple of years before they married she moved into Tom’s house with her two children from previous relationship. Faye and Leah. Faye is 18 and has recently moved out ss she has started University. Leah is 15 and still lives with Tom and Gilly. Leah is close to Tom as they are both very sporty. Tom and Gilly have one child together, Tilly who is 10. Tom in particular wanted more children but after number of diffcultiles conceiving Tom was told that he wos unable to have any more 8 children.

Gilly recalls that before Leah and Foye were born she had trained BS a primary school teacher. As Tilly got older and more independent Gilly had been thinking about returning to teaching but Tom did not approve. Tom has always said that it is his job to provide for the family- He als0 told her that she Was “thick and that no one in their right, mind could employ her. In the end Gilly gave up on the idea of working and Tom persuaded her that she should have another child. Gilly sys that using the sperm OF an anonymous donor she has recently given birth to Bella. Gilly is struggling with being an older parent as Bella is a very unsettled baby and Gilly is constantly tired and sleep deprived. Tom rarely spends time with Leah, Bells or Tilly these days. When Gilly challenged Tom about this he says thot he is just too busy to devote much time to the children at the moment.

Gilly loves Bella but did not really want a fourth child, she never gets out of the house now and feels lonely and depressed. She has tried to speak to Tom about i but he called her “useless and told her to stop moaning other wise he will”give her a smack’. Things are continuing ◦ get Worse Gilly struggles to cope. Tily’s class teacher is concerned that Tilly is coming to school in dirty clothes and she has been seen stealing sandwiches from another child’s packed lunch. Leah is not achieving her potential and it has come to light that she has been truanting in the last few months.

Gilly says that she had also noticed that Tom has been spending very little time at home and is always away on conferences end training courses overnight. Last night Tom fell asleep without logging out of his inbox and Gilly saw that he has been exchanging intimate emails with a female colleague for s number of months. She searched through Tom’s possessions and found evidence of S bank account in his name which she had no knowledge of. Tom seems to have run up significant credit card bills by paying for fancy hotels. meals and weekend breaks with his girlfriend. She confronted Tom and he was furious He grabbed her and said that he was fed up of her nagging and that if she had a problem with it she should get out of his house and leave He did not deny that he had been seeing someone else but he did say that said if she left he would be keeping Tilly and Bella and he would stop paying Faye’s university tuition fees in order to pay for a nanny to look after Tily and Bells.

He told her that if she left she would be homeless end she would never see Bella and Tilly ever again. He dug out an agreement that she had signed before they married. The agreement says that if their relationship were to break down she should not-make any financial applications against Tom. She hsd loved snd trusted Tom so much at the time that she did not bother to take legal advice on this agreement. The house they live in is a spacious detached D bedroomed residence which has always been in Tom’s sole name. She is aware that as senior police officer Tom has significant pension entitlement due when he retires and he also has a wealthy sunt who promised to leave him a large sum of money in her will.

Gilly is very upset. Tom is giving her no money and she is scored to go home. She does not know what Tom will do next. She thinks that she should just take the children and run aways. Her mum lives in Spain and she might consider going there.

Critically analyze the legal issues raised in the above scenario with reference to legal authorities and statute law. make this 6000-word breakdown the above. use old law. with cases

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