FAMILY LAW Essay Example | Topics and Well Written Essays - 2500 words

FAMILY LAW - Essay Example Alternatively, you may also be eligible for a lump sum payment and an equitable distribution of assets on a mathematical basis, although the Court is likely to take into consideration the fact that your husband is the legal titleholder of the property you now live in. I present below, for your information, an assessment of ancillary relief that you may be eligible for in the event that you choose to divorce your husband. Firstly, I would like to bring to your notice that one of the objectives of modern law in the case of a breakdown of a marriage between two parties is to achieve a clean break and â€Å"encourage each to put the past behind †¦. and to begin a new life which is not overshadowed by the relationship which has broken down.†1 This would appear to be the best solution and perhaps in your case, after your discovery of your husband’s adultery, you may be keen to pursue a clean break from him and look for a financial settlement that would ensure such an end. However, in your case, there are two small children involved2, who are only six and two years old. The welfare of your children is at stake so the Court may not necessarily allow a clean break from your husband, since your children need continued maintenance and your husband, as the earning member of the family, will need to contribute monies towards their continued maintenance, as well as providing for your upkeep, especially if your primary function is that of taking care of your children. As a result, your husband as the earning parent will be responsible for paying maintenance to you for looking after the children3. In some instances the Courts have not allowed maintenance when a pressing need does not exist or where the parties are only cohabiting4, as was the case with your husband and Sandra Quartro. However in your case, since you are married and are employed full time in taking care of the children who are very small, you may be eligible for maintenance