Several years ago, Herman married Angela, his ex-wife’s mother, but after three months together Herman decided to end the relationship as he felt that Angela was far too old for him and could not produce the children he wanted. Angela, who was always known for her adventurous and independent spirit, also thought the relationship was over and went off to travel the pilgrimage route to Mount Kailas in the western Himalaya. She has not been heard of since.
In 2007, Herman met Helle whilst on holiday in Spain. Helle was working as a waitress in a restaurant at the time and was finding it difficult to cope financially. The relationship between the couple blossomed and six months after meeting they returned to England and they married in 2008. Part of Helle’s reason for marrying Herman was the fact that he had told her that his family were German aristocratic landowners and that he stood to inherit the family estate upon the death of his grandfather, a duke.
Herman is now 40 and works as an accountant earning £65,000 per year; Helle is 32 and has not worked since the marriage, although last year she successfully completed a professional cookery course at the local college. Helle wished to look for work after completing the course however Herman would not allow it and argued that ‘she would only seek work where she could flaunt herself in front of men.’ The couple have one child, Oscar, who is 5 years old, and the family live in a semi-detached three-bedroom house which is worth £350,000 with a mortgage of £60,000. The house is close to Oscar’s school, which is one of the best state schools in the area. Following a car accident two years ago Herman was awarded compensation of £35,000 which he has put into a separate bank account.
At first the relationship was a happy one, however the marriage has deteriorated recently. Herman has become withdrawn and often spends weekends away from home without explanation. When he is at home he drinks heavily and is verbally abusive towards Helle, often in front of Oscar. He usually spends evenings watching football on television and ignoring Helle. She is convinced that Herman is having an affair as she has found emails on Herman’s computer which are of an intimate nature, sent by someone called Chris. When she confronted Herman about the emails he said that he was seeing Chris but that it was ‘a platonic friendship and not an affair’. Shortly afterwards Herman moved into the spare room and refused to eat with Helle. He cooks meals for himself and Oscar and will not allow Helle to sit with them.
Herman has total control of the household budget and allows Helle a basic amount of money to cover food and essentials but refuses to give her any money towards clothing and make-up. Herman has told Helle that she must dress in a demure manner and not draw attention to herself.
He has also taken away her mobile phone and will not allow her friends or family to visit when he is there.
The situation is having an adverse effect on Helle’s health and her GP is treating her for depression. Oscar has begun to wet the bed and says that he is ‘frightened of daddy’. Helle recently discovered that Herman’s relatives are not aristocratic landowners and that, in fact, his father worked as a market trader. When she confronted Herman about this he lost his temper and slapped her across the face a number of times, resulting in a split lip and heavy bruising. Oscar was in his bedroom at the time but he heard the attack on his mother and became extremely distressed. Helle left the house with Oscar and is staying with a friend, Victoria, nearby.
Unfortunately Victoria’s flat has only one bedroom and Helle and Oscar sleep together on a fold-out bed. Helle has noticed Herman standing outside the flat on two separate occasions and there have been a number silent phone calls made to Victoria’s phone during the night. Last week Helle received an abusive letter from Herman in which he threatened ‘never to leave her alone’ and that ‘she would get nothing from him financially’.
Advise Helle, who wishes to know:
1. Whether her marriage to Herman is valid.
2. If valid, whether she has any basis for divorce.
3. What financial and property orders the court may make on divorce and how the various factors in s.25 will be applied here.
4. What orders she could obtain to protect her from Herman and to enable her to return to and stay in the house and the criteria which would be considered by the court in the making of those orders.
INSTRUCTION TO WRITER-
First of all i would like the writer to know that this write up is a resit of a failed coursework that was written by a writer from this company am ordering from again. So the importance is that i am begging whoever this writer would be should please bear in mind that my life depends on the outcome of this work as i cannot afford to have marks less than a 70percent from my lecturer.
secondly, i would appreciate if the writer would first of all provide me with a draft of how he intends to go about it which i would show to my lecturer who in return would let me know if i am on the right track and i would pass this along to the writer as i believe this would both help me and the writer.
Thirdly, if the writer does not mind i would like to upload the failed write up from the former writer and the feedback from my lecturer hopefully this would be helpful to the writer.
lastly, the writer must follow the oscola referencing style and must make use of relevant case laws and legislations.
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