Family Law -What Advise Should Be To The Parties As To The Legal Position In This Case.

[gogasz]

Amanda and Ben met ten years ago and married one year later as Amanda was pregnant. Ben is a successful television producer and Amanda is an actress, although she has not worked since she became pregnant. When they married, Amanda moved out of her apartment worth £500,000 and moved into Ben’s house, which is worth £2 million. Prior to the marriage, Amanda and Ben signed an agreement, which states that in the event of divorce each party leaves the relationship with the assets that he or she brought to it. The agreement prevents either party from making a claim for maintenance or property from the other. Since the couple married Ben produced an award-winning documentary and has signed two multi-million pound contracts to produce films. Last month, Amanda and Ben separated and intend to divorce. Amanda wants half of Ben’s assets, as well as maintenance for herself and her son, Conor.

[tamborine]

Amanda deserves half as she has kept home & borne a babe for him.....legally it can be settled in a magistrate with assets joined & divided by their agreement.

[woofgang]

oh.....its homework......

[tamborine]

homework for a lawyer ? This can be DIY, ha

[gogasz]

I though that should be 1/3 for her and 2/3 for him?

[VHG]

Looks like some sort of homework.

Maybe they are studying to work in social services.

They are not going to be much good if they have to rush and ask what to do on the internet every time they hit a problem.

[tamborine]

you've forgotten the third party share for Conor

[Barmaid]

I'm not going to answer this question since the only way you will get on in this area is by doing your own research.

I would suggest your first point of research is "pre nuptial agreements" and the effect given to them by the english courts.

[gogasz]

I done this research already, I know what would happen if agreement wouldn't exist. I now that he will be obligate to pay for his son cos he is not taking divorce with him just with her. The think is that... even she sign the agreement she stayed at home, not working all the time than she lost her career and will be very difficult for her to go back on truck in actres industry than this can be taken to consideration for court and if kid staying with her she would not be able to go back for full time anyway and his career is very healthy now. I think that they should keep their houses how was sort in agreement. Am I right?

[boxtops]

You have to remember that the prenuptial agreement carries a lot of goodwill with it, but is rarely upheld in law, IMO - it's more of a statement of intent. I am sure that irrespective of the pre-nup, Amanda will be entitled to maintenance for the child. Is there still some requirement for the father to keep a roof over the child? - does Amanda still have her own house?

[boxtops]

...and lots of women do go back to work fulltime with a child to care for, don't make that assumption that she can't or won't.

[ojread2]

do you own homework or at the very least, have the decency to admit that you're stuck on your homework

Please and thank you wouldn't go amiss either

[gogasz]

This is not a homework, I try to prepare myself to exam, I have got those problem questions from my friends, and try to make sure that my understanding is correct. I do not ask you to give me cases or Acts numbers just showing me the way how to explain them. Law is my extra subject, I am studying Accounting, than this would be not my main working subject. Sorry if I caused any problems, did not mean to. I did not know that this is such a big issue. Thank you for some support anyway. All the best for all of you.