Family Law Case Study Example | Topics and Well Written Essays - 3500 words

Family Law - Case Study Example (Morley 2005 International Law) At this point I would explain to Dorothy that in order to proceed she would be required to show that the marriage is unsalvageable and the both her and George agree that the marriage should be dissolved. This is not to say that if George does not want a divorce, Dorothy will not be able to file for one. What it means is that George could contest it and if that situation arises she will need support to present to the court to prove that there are grounds and conditions for the divorce. I would also advise Dorothy to talk with George and pursue coming to an agreement prior to filing for the divorce. This is because if the divorce is somewhat amicable and the property and assets have been discussed and there will not be a fight over the divorce will go more smoothly both in court and for them personally. The following law pertains to the circumstances being somewhat amicable: 1.7.1 The decree nisi is the court's decision to grant a divorce provided that nothing comes to light which may alter the Judgement. The certificate given as a result of this decision shows the period of time that is to be allowed for this purpose. If nothing comes to light, the decree absolute is issued at the end of the waiting period. The decree nisi is therefore a temporary document only and the decree absolute must always be seen. (Morley 2005 International Law) I would advise Dorothy that due to the length of her marriage the assets of both her and George would in most circumstances be split down the middle. However if they come to an agreement regarding particular property or assets I would strongly advise Dorothy to talk it out with George and when they reach an agreement on how the property and assets should be divided to contact me, her divorce attorney, so that I can prepare the proper legal document indicating the property and asset agreement. I would also advise Dorothy to include anything personal or sentimental even though she may not think it of value. In order to ensure receipt of items of sentimental or other value she must notify me so that I could include it in the formal legal documents. At this time I would also advise Dorothy that it would not be wise for her to assume any agreements made between George and herself would necessarily be kept and that any agreements made, of any kind for property, assets, sentimental items o r anything else needs to be put into the divorce paperwork. After discussing all of this information with Dorothy I would then go over divorce conditions in detail and strongly advise her that the fact that she wants to make a fresh life for herself while she is still young enough to enjoy it is not a good condition. Divorce conditions include: In England & Wales obtaining a divorce requires a written application (called a petition) to the court by either the husband or the wife. Applications for divorce are dealt with by the County Court and spouses have to apply to that court for their divorce. The applicant has to prove that the marriage has broken down irretrievably and has to provide evidence of one of the five facts listed below: No application for divorce can be made until at least one year after the date of the marriage.