Answer the following question. The overall word limit is 3,000 words.
Sebastian and Jill have been married for nine years. Sebastian is 42 years of age and Jill is 35.
They have one child together, Peter, who is 6 years old. Sebastian has a very successful web
designing company called, ‘Webolutions.’ Although he struggled at the start of the marriage, he
is now at a point of expanding his company internationally and earns £150,000 a year. Jill was
working as a partner at an accountancy firm when they met and was earning £80,000. They
decided to buy a 4 bedroom house in joint names in Surrey which is now worth £1,000,000.
However, when Peter was born, they decided that Jill should work less to look after Peter. She
relinquished her role as a partner but continues to be employed on a part-time basis.
The past year of the marriage has not been a happy one. Sebastian spends most of his time
developing his company and travels abroad frequently to build his clientele. Jill has felt alone and
this has been worsened by her finding out that Sebastian had an affair with a woman in Hawaii a
couple of months ago. Sebastian denies this and states he was having a meeting with a business
colleague. Jill has told Sebastian that she wants a divorce and feels totally underappreciated in
the marriage. However, when Jill communicated this to Sebastian, he became violent and pushed
her. He also continues to verbally abuse Jill saying that she is ungrateful and a terrible mother.
He also displays his rage in front of Peter who now runs away when he sees Sebastian.
Peter has a speech delay and requires regular visits to a local speech therapist that is not too far
from their home. This is in addition to going to a nearby school which Jill manages by dropping
and picking him up 3 days a week. The two days that she works for her accountancy firm are
managed by her parents who live approximately 30 minutes from their house in a 2 bedroom
bungalow. Jill has since left her home with Peter and both are living with her parents.
You are a solicitor for Trowlins LLP and Jill comes to you seek legal advice on how to divorce
Sebastian. She specifically would like the following issues addressed:
1. What legal options are open to her to bring her marriage to an end. Advise her on her
options under the current law and also following the coming into force of the Divorce,
Dissolution and Separation Act 2020
2. What financial and property orders the court may make on divorce and how the various
factors in s.25 MCA 1973 might be applied here.
3. What orders she could obtain to protect her from Sebastian and to enable her to get back
into the family home, and the criteria which would be considered by the court in the
making of those orders.
Advise Jill on the above issues giving justifications for your answers and quoting the