[Answered] Family Law Main Examination (2)

Caroline and Frederick married four years ago. They have since lived in many
countries as Frederick is a professional footballer. A year ago, Caroline and Frederick
came to the UK, where Frederick signed a contract with Kempston United Football
Club. They had hoped to settle permanently in the UK and start a family but they do
not have any children yet. The couple have not yet purchased their own property but
instead rent a large house owned by the football club, which includes the provision of
extensive security.
As a trained nurse, Caroline has personally nursed Frederick through several football
injuries and he has recovered well. Because the couple often travel and are the subject
of intense publicity Caroline is unable to work as a nurse. Instead she has written
several books on the treatment of sporting injuries, making a good career for herself
and becoming quite wealthy in her own right.
Frederick is the club’s star player and since the couple have moved to Kempston they
have been constantly followed by press photographers. Caroline has found the
intrusion into their lives oppressive and has felt that she must face this alone as
Frederick is always training. When she raises the issue with Frederick, he tells her it is
part of his job and a small price to pay for such a large salary and the lifestyle they
enjoy. He refuses to talk about it with her any further and becomes quite angry with
her if she tries to discuss it. Caroline feels increasingly isolated and, worse still, the
newspapers have recently printed a series of articles in which young women claim to
have had sexual relationships with her husband.
Caroline has decided to divorce Frederick and she seeks your advice.
Can Caroline initiate divorce proceedings? 15 marks
Which (if any) of the Five facts can she rely upon? 15 marks
Explain demonstrating salient case law

 

Solution

Currently, Caroline and Fredrick are residing in the UK, and hence the former is likely to file for divorce in courts in the territory. Courts in the UK jurisdiction can legally dissolve foreign marriages provided that there is an appropriate connection. In Arpinya Rongchotiawattana v Wee Oh Keng [1997] 3 SLR(R) 378, foreign marriages can be treated as invalid on account of deficient capacity or other invalidity grounds under the law of the place where the union was formalized. Assuming that this marriage was formalized in Singapore, the Singaporean law has to be pursued in this process. Caroline has the right to initiative divorce proceeding because she………please follow the link below to purchase the solution at $5