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Divorce Problem Question - Essay Example

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Divorce Problem Question Name of Institution Date Divorce Problem Question Introduction Marriage is considered as one of the most important institutions in the society as it is the basis upon which family is established; family is a basic unit of society…
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Download file to see previous pages 105). Also, individualism, increased work pressures, and career aspirations have been cited as contributing factors to increasing rates of divorce. Numerous studies have shown that divorce can be very stressful and difficult as it not only affects the status of marriage but also have far-reaching implications on children and finances. Constitutions and legislations have made provisions for dissolution of marriage if there are sufficient grounds for that. In the United Kingdom (UK), the law on family, marriage, and divorce is covered under the Family Law Act 1996 (The National Archives). Based on this legislation and cases relevant to divorce, this essay will address a divorce problem facing Alsa in a bid to advise her on whether she would be successful in obtaining a divorce. Facts Bob and Alsa have been married for 10 years but have both been unhappy for the past four years. Bob works full time as an engineer and Alsa is a full time housewife. Alsa is becoming tired with Bob’s lack of assistance in the house; he constantly begins projects and does not finish them. His last project was to fit a new bathroom suite but after removing the old suite, he did not find time to fit the new one. Alsa feels that she cannot cope with his unfinished projects any longer and has moved into the spare room. Although Bob and Alsa continue to eat meals together, they rarely communicate but Alsa has continued to do all of Bob’s washing. More recently Alsa has started to engage in an extra-marital relationship with Ted. Issue Whether Alsa would be successful in obtaining a divorce? Rules Under Family Law Act 1996, divorce and separation is provided for. There is one ground to initiate divorce proceedings: irretrievable breakdown of marriage. The law has provided for five grounds for divorce which the court can rely upon as evidence that the marriage has irretrievably broken down and thus should grant divorce. The five grounds are: desertion; five years’ separation without consent; unreasonable behaviour; adultery; and two years’ separation with consent. In addition, the law has set threshold that has to be met before a husband or wife file for divorce: meet specific rules regarding how long one has lived in the country; prove that the marriage has irretrievably broken down; have a marriage that is recognised, legally, in the UK; and have been married for a minimum of one year. Analysis Considering the increasing rates of divorce and how they occur after a very short duration after marriage, Bob and Alsa can be considered to be have sustained their marriage for a relatively longer period (10years). However, both of them have been unhappy in the marriage for the past four years; an indication that the marriage has been experiencing some problems within that period. From the facts gathered, it seems Bob and Alsa marriage does not experience “serious” problems compared to other marriages whose partners are seeking divorce. Alsa’s main concern is that Bob does not provide assistance in the house as he constantly begins projects and does not finish them. Comparatively, this issue can be considered “lesser” in marriage and that which can be solved using other avenues rather than the legal avenue. Since this issue does not touch entirely on the fundamentals of marriage, services of a counsellor, church priest, or a family friend can be sought to resolve it (Probert, 2007, p. 65). Besides, ...Download file to see next pagesRead More
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