practice for client
1. Ingrid Swartz is a successful lawyer who has been married to Charles Frobisher for 6 years. Ingrid practices in Brussels and Charles is an accountant in a City practice in London. Both spouses were earning over £120k per annum before marriage. Ingrid who is involved in international trade agreements with the EU is now earning in excess of £150k. Charles is aged 42 while Ingrid is aged 32. Before their marriage Charles was living in a country house worth £2.5m. He has assets worth another £1.25m mostly in foreign investments. They have two children Felix aged 2 and Teresa aged 4 years. Recently Ingrid has been away for several months on end involved in trade deals between the EU and several foreign states. Whilst she was away Charles formed a relationship with Sybil his secretary and left the matrimonial home (formerly his country house) and left the children in the care of his cousin.
Ingrid now finds it impossible to continue with the marriage and seeks your advice as to:
a. Whether she should apply for a separation or divorce;
b. What applications if any can be made in respect of the children as she wants custody;
c. What factors would the court take into account;
d. What financial provision if any she could obtain for herself and the children;
e. What property adjustment if any could be made ancillary to any separation or divorce.
Write a letter of advice to her advising on these questions. You must refer to the relevant statutory provisions and case law in the body of the letter.
2. You are employed as a paralegal in Fastadvice LLP. One of the solicitors is away on leave and you are asked to report on some of her files.
a. Boris, an old client of the firm, has been suffering from an incurable disease and his brother Joe has called in to see you. Boris is now in care and his brother Joe says that he is happy to witness Boris’ Will.
b. Alena has a son aged 4. She married Herbert on 1st April 2014 but 6 weeks later Herbert was killed in flying accident. Herbert was an only son and much loved by his parents. Herbert was a Hedge Fund Manager and made a great deal during the crash of 2008. He left a Will dated 1st January 2012 before he met Alena.
c. Toby Richards died 2 months ago but left no heirs. The fee earner in your firm instigated enquiries and traced Neil Mogg who is Toby’s step son. Toby has no other living relatives and his estate is worth £500k. Neil has asked your firm if he may make a claim.
Write a report dealing with these three cases commenting on the legal issues arising ensuring you refer to such legislation and cases as appropriate.