Lecture notes
Family Law and Practice WS07 D3
- Module
- Family Law
- Institution
- City University (City)
Family Law and Practice WS07 D3
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LEGAL PRACTICE COURSEIn-Session Task – Cooper Case Study: Confidential Information for the Respondent
Mr Cooper is anxious to realise his share in the matrimonial home as soon as
possible in order to re-house himself and his new family in appropriate
accommodation and to have somewhere for Sarah and Bruce to enjoy staying
contact. He believes he needs a 3 bedroom house for family and contact; also for
business investment.
If Mrs Cooper were to buy Mr Cooper out of the matrimonial home, he would want at
least £200,000 for his share and would need a guarantee that his name would be
removed from the mortgage. He would only be prepared to agree to a deal like this
if Mrs Cooper agreed not to receive any spousal maintenance (or a small periodical
payment). He believes that Mrs Cooper keeping the house will be a waste of money
as she will have high mortgage payments.
Mrs Cooper can re-house locally for £450,000 to £470,000 approx. and Mr Cooper
has provided estate agent particulars showing that this is entirely possible. Mr
Cooper has been told by the bank that he can borrow up to £250,000. However, he
would prefer to borrow less than this in order to keep his expenditure down. He has
seen some nice houses for £460,000 that seem suitable for him and his new family.
Mr Cooper has a number of concerns about Mrs Cooper’ Form E evidence. Firstly,
he is certain that she is the beneficiary of a discretionary trust and receives a regular
income from this (the details of which are unknown to him). The trust fund does not
appear in her Form E. The trust fund was set up by her late father.
Further, he says that she receives financial assistance from her mother, such as free
holidays and school fees for the children and that she stands to inherit considerable
sums; she is as an only child. He says that her car is not in need of replacement - it
may have been bought in 2015 but it has a very low mileage.
Mr Cooper denies Mrs Cooper’s allegations about his income. He does sometimes
bank large sums of cash from the restaurant but he spends a lot on the business too.
He thinks that the sum of £15,000 net is more or less accurate but he is very worried
about the court picking his finances apart because he does not declare all of his
takings. He was quite shaken up when he saw Mrs Cooper’s questionnaire, asking
him for details of all debits and credits. The issue is quite a sensitive one and Mr
Cooper is keen to reach an agreement on financial settlement.
Mr Cooper owes £10,000 to HMRC. He can pay in instalments over 5 years should
he wish.
Mr Cooper ideally seeks a clean break now, or at latest on youngest child’s 18 th
birthday, with s.28(1)(A) direction (that is that Mrs Cooper not be entitled to apply
under s31 for the order to be varied by extending the term). He believes that Mrs
Cooper does not really need spousal maintenance but if he does have to pay, he
would not want to pay more than £700 per month.
Mr Cooper contends that Mrs Cooper’s jewellery is worth £10,000 as per a recent
insurance valuation
Mr Cooper’s girlfriend is a full time carer for their baby boy and does not want to work
at present. His girlfriend is 21 years old. He does not want to drag her into this.
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