Family Law Problem Question – Divorce and Finances
Question:
Mr and Mrs Phillips married in January 1980 and they have two adult children, aged 20 and
25. On 1 February 2021 Mrs Phillips moved out of the marital home and into rented
accommodation. Mrs Phillips filed a petition for divorce on 1 March 2021 on the ground
that the marriage had broken down irretrievably and alleging that the husband had
behaved in such a way that she could not reasonably be expected to live with him. The
petition set out the statement of her case as follows:
Mr Philips prioritised his work over home life and was often inflexible in
making time available for the family, often missing family holidays and family events.
This has caused Mrs Phillips much unhappiness and made her feel unloved.
During the latter years of the marriage Mr Phillips has not provided Mrs
Phillips with love, attention or affection and was not supporting of her role as a
homemaker and mother which has made Mrs Phillips feel unappreciated.
Mr Phillips suffers from mood swings, causing frequent arguments between the
parties which were very distressing and hurtful for Mrs Phillips. He speaks to
her and about her in a critical and undermining manner, often in front of Mrs
Phillips’ friends and family, causing her to feel upset and humiliated. She can no
longer tolerate living with him.
As a result of Mr Phillips’ behaviour, Mr and Mrs Phillips have lived separate lives under the
same roof and have not shared a bedroom for several years. It is also accepted that Mrs
Phillips had an affair with another man which began in November 2012 and ended in August
2013.
During the marriage, Mr Phillips grew his business from a small family firm –started in 1982
with money inherited from Mrs Phillips’ grandparents –into a multinational corporation. His
1
, income is now £10 million per year. The family own several holiday homes and live a lavish
lifestyle. Although he was suffering from stress at times due to the pressures of expanding
his business, he denies that his behaviour was as his wife described it and says it just
reflectedthe normal ups and downs of married life. He says Mrs Phillips does not
understand the pressure he is under because she is ‘just a housewife’. He vows to resist the
divorce at every step because he still loves Mrs Phillips and wants to stay married.
However, he insists that if they do get divorced, he will seek to retain a 90 per cent
share of the assets on the basis of his extraordinary contribution and that a 10 per cent
share is more than enough to meet Mrs Phillips’ needs for a few years while she finds a job.
Advise Mrs Phillips on (a) the basis on which she might seek a divorce; and (b) how the
property might be divided in the event that they do get divorced. You should cite relevant
statutes and case law in your answer.
2
Question:
Mr and Mrs Phillips married in January 1980 and they have two adult children, aged 20 and
25. On 1 February 2021 Mrs Phillips moved out of the marital home and into rented
accommodation. Mrs Phillips filed a petition for divorce on 1 March 2021 on the ground
that the marriage had broken down irretrievably and alleging that the husband had
behaved in such a way that she could not reasonably be expected to live with him. The
petition set out the statement of her case as follows:
Mr Philips prioritised his work over home life and was often inflexible in
making time available for the family, often missing family holidays and family events.
This has caused Mrs Phillips much unhappiness and made her feel unloved.
During the latter years of the marriage Mr Phillips has not provided Mrs
Phillips with love, attention or affection and was not supporting of her role as a
homemaker and mother which has made Mrs Phillips feel unappreciated.
Mr Phillips suffers from mood swings, causing frequent arguments between the
parties which were very distressing and hurtful for Mrs Phillips. He speaks to
her and about her in a critical and undermining manner, often in front of Mrs
Phillips’ friends and family, causing her to feel upset and humiliated. She can no
longer tolerate living with him.
As a result of Mr Phillips’ behaviour, Mr and Mrs Phillips have lived separate lives under the
same roof and have not shared a bedroom for several years. It is also accepted that Mrs
Phillips had an affair with another man which began in November 2012 and ended in August
2013.
During the marriage, Mr Phillips grew his business from a small family firm –started in 1982
with money inherited from Mrs Phillips’ grandparents –into a multinational corporation. His
1
, income is now £10 million per year. The family own several holiday homes and live a lavish
lifestyle. Although he was suffering from stress at times due to the pressures of expanding
his business, he denies that his behaviour was as his wife described it and says it just
reflectedthe normal ups and downs of married life. He says Mrs Phillips does not
understand the pressure he is under because she is ‘just a housewife’. He vows to resist the
divorce at every step because he still loves Mrs Phillips and wants to stay married.
However, he insists that if they do get divorced, he will seek to retain a 90 per cent
share of the assets on the basis of his extraordinary contribution and that a 10 per cent
share is more than enough to meet Mrs Phillips’ needs for a few years while she finds a job.
Advise Mrs Phillips on (a) the basis on which she might seek a divorce; and (b) how the
property might be divided in the event that they do get divorced. You should cite relevant
statutes and case law in your answer.
2
