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Family Law and Practice LPC WS04 d2
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Family Law and Practice LPC WS04 d2
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LEGAL PRACTICE COURSEIn-Session – Task 1 Mrs. Torbett: Outline of Issues Arising
Note to Students: This answer provides some extra information not covered in the
online presentation. It is included here for the sake of completeness.
Question 1: Fear that she and the children will be left with nothing to live on
Before Mr. Torbett goes to New Zealand she could apply for a periodical maintenance
payment to be paid to her.
Maintenance for the children will be dealt with by the Child Support Agency (CSA).
However, enforcement of her own maintenance could be difficult once Mr. Torbett moves to
New Zealand. In addition, the Child Support Agency will no longer have jurisdiction in respect
of the maintenance for the children.
To overcome this, she could:
Apply for a secured periodic payments order – if Mr. Torbett failed to make the payment, this
asset could be sold. (The asset should be in the UK e.g. one of the investment properties
would be ideal, as this would also generate income from which her periodical payments
could be made).
Alternatively, a very large lump sum payment for herself. This would amount to a clean
break. It could possibly include payments in respect of the children too (note however, that a
clean break in respect of children is not possible, so Mrs. Torbett could always apply for a
“top up” if needed in this respect in the future).
With any question about financial settlement/remedies on divorce, it is important to apply the
provisions of Section 25 MCA, in this case to quite the limited facts available. Section 25
MCA is reproduced on the relevant PowerPoint to the session.
Whilst undertaking this task, students should also consider what further information is
needed.
The main points to note (for assessment purposes) are listed below:
Brief outline:
Income Needs etc.
Mrs. Torbett hasn’t work for some time.
What did she used to do for work? What qualifications does she have? Could she retrain or
gain qualifications? Would she be willing to work part-time/full time?
As she hasn’t worked, she will have no income in her own name. She will also have
limited/no savings in her own name. Ditto for her own pension.
Where ever she lives (in the FMH or elsewhere), she will need to maintain herself (and the
children). She will also need to look after herself in old age.
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