FAMILY LAW AND PRACTICE

WORKSHOP EXERCISE 1

Taking instructions, understanding the law and procedure for

divorce, and making the necessary welfare benefits referral

Learning outcomes
At the end of this workshop you will be able to:

1. Advise a client in relation to divorce law and procedure.

2. Select the supporting documents which will be filed at court with the
petition.
3. Understand changes to Legal Aid following LASPO.
4. Acquire sufficient information to enable you to complete a Petition which
meets with the client’s instructions and complies with the Family
Proceedings Rules 1991 and the Family Proceedings (Amendment) Rules
2005 and obtain sufficient information about issues relating to the children
and finances to advise the client how to proceed with these matters.
5. Comply with best standards practice using the Family Law Protocol.

Preparation

 Read Family Law and Practice Manual:

 Chapter 1 – Introduction: The Family Practice
 Chapter 2 – Funding and Process Options
 Chapter 3 – Divorce Law and Procedure
 Chapter 4 – Financial Orders: The Law
 Chapter 5 – Tax on Marriage Breakdown
 Chapter 6 – Welfare and Local Authority Housing
 Watch Screencast 1 and 2 and read accompanying handouts. Please
have a go at the self-test question and the case studies.
 Find and print a divorce petition.

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Workshop Tasks
 Exercise 1 - Jurisdiction, Facts and Timing
 Exercise 2 – The initial Meeting
 Exercise 3 – The Divorce Procedure

Professional Conduct
 Advising as to costs.

Skills/IT element
 Interviewing - First interview with a client in a family matter/taking
instructions/giving initial advice.

Post-workshop activity
Answer the self-assessment questions. Prepare for the next workshop

Materials you will be provided with or should bring to the workshop

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 WORKSHOP EXERCISES 1

Exercise 1: Jurisdiction, Facts and Timing

Answer the following questions:
a. Mr. Cousteau is a French National. He came to England as a child and
has always looked upon himself as English although he has never sought
British nationality. He is temporarily working in Scotland and lives in a flat
there but he still regards England as his home country. He is separated
from his English wife who now lives in France. Mr. Cousteau wishes to
seek a divorce in the English Courts.
Would the court have jurisdiction to deal with the divorce?

b. Mrs. Rexman has always lived in the USA. She comes to England to work
for a UK company. She buys a house in Kent and moves all her family to
England. Her husband is unhappy and goes back to the USA. Mrs.
Rexman intends to stay in the UK for at least 5 years, she wishes to bring
divorce proceedings in the English courts. She has been here for 3
months.
What is her domicile? Could she commence proceedings in
England?

c. Mr. Smith commits adultery on one occasion only in June last year. On the
1 July last year Mrs. Smith finds out about the adultery. She decides to
give him another chance and they continue to live together as man and
wife, but they argue constantly, she cannot really forget what he did.
Finally in March this year she goes to see a solicitor and wants a divorce
based on the adultery in June.
Is this possible?

d. Mr. Brown has a fling with his secretary at the New Year’s Eve Party 2013.
Mrs. Brown finds out almost immediately, but thinks it was a one-off
drunken moment and continues to live with her husband as man and wife.
However Mr. Brown continues seeing his secretary and committing
adultery until they break off the relationship in November 2014. Mrs.
Brown finds out about the relationship in December 2014 and continues
living with her husband as man and wife until March 2016 when she
leaves him and consults you in relation to a divorce.
Can she petition based on her husband’s adultery?

e. Mrs. Appleyard tells you that she hates her husband that he is boring and
she has no love for him whatsoever. Her particular pet hate is his dress
sense! She wants a divorce.

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 What ground, if any, does she have?

f. Mrs. Ross is 60 years old, her husband left her 5 years ago and has now
petitioned for a divorce based on fact (e). She does not want a divorce and
wishes to stop it proceeding to absolute.
Can she?

Exercise 2: The initial Meeting

Read H1: Halliday Case Study and:
a. Make a list of questions that you’ll need to ask in the initial interview to
enable you to advise on divorce AND procedure and to complete all
relevant documentation.
b. What information does the client request?
c. Are there any other issues you would need to advise the client?
d. What advice would you give her? [You are not required to advise on
any issues relating to maintenance or Jack and Zoe].
The solicitor is John /Janice Turner of Jones and Co., 24 Main Street St
Neots, Cambridge, ref. JT 3 tel. 01245 445566 fax 01245 787878
In class be prepared to act as an interviewer or client.

Exercise 3: The Divorce Procedure

Please answer the questions below on divorce procedure:

a. Josie Lyon is your client, she is paying privately for you to prepare and file
her petition for divorce.

What documents should you file with the court?

b. The petition is filed and served by post, Josie continues to live in the same
house as her husband, she telephones you to say that she saw her
husband throw the divorce papers in the dustbin. She is petitioning under
fact B.
Should she retrieve them and give them to him? Do you anticipate
any evidential difficulties if they continue to reside in the same
house?

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c. You are advising, Tim Roberts, you have filed a divorce based on his
wife’s adultery. His wife has left him and the address he had for her is
wrong. The divorce papers have been returned to the court as ‘not known
at this address’. He knows that she spends most Saturdays at her sister’s
house.

What would you do in these circumstances?

d. John Smith consults you, he received his decree nisi 7 weeks ago, he is
anxious to re-marry.

Although he is the respondent to the proceedings can he now apply

for the decree absolute?

e. You act for Ian Gordon, you have filed his petition based on his wife’s
unreasonable behaviour. A firm acting for the wife has written to you
asking for proposals for maintenance and indicating that their client is
considering defending the petition. The open letter is dated the 10 th April
and the court posted the petition to the Respondent on the 8 th April, you
have replied and have now received a letter saying that the firm is no
longer instructed by the respondent.

What steps should you take now, do you anticipate any difficulties?

f. Mrs Jones has filed for divorce under Fact B. Your client the respondent
does not agree arrangements for the children. One of the children suffers
from severe diabetes.

Do you anticipate any difficulties?

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Post workshop Considerations

1. At what stage in an undefended divorce might a client have to go to

court?
2. Do you know the five facts under s.1 (2) of the Matrimonial Causes Act
1973? (Do not just think you do! Write them out even if you have to
paraphrase)
3. Do you know which documents you need to file with the court to
commence a divorce suit?
4. Do you fully understand what information a petition for divorce should
contain, and what information you therefore need from a potential
divorce client?
5. If your client wishes to petition for divorce based on the adultery or
behaviour of the other spouse yet your client remains living in the same
house as that spouse, what advice must you give?
6. If your client asks, can you explain the divorce procedure briefly from
issue of the proceedings to Decree Absolute?
7. What are the time limits in relation to:
a) Giving notice of intention to defend and
b) Service of answer?
8. When may the petitioner apply for directions to the court to have the
case set down (listed) for trial?
9. List alternative methods of service.
10. If all attempts to serve have failed under your list in 12 above what
applications can be made to the court? Please list.
11. What evidence of adultery is acceptable to the court?

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