Reference no: EM132262494 , Length: word count:3000
ASSIGNMENT - FAMILY LAW
ASSIGNMENT QUESTION - Pedro Ximenez is a 53-year-old male born in Spain on 13 October 1965. Whilst living in Spain Pedro undertook a course in Viticulture and undertook an apprenticeship at Bodegas Señorío de Nava. Upon completing his apprenticeship, he wanted to discover the world of wine. He moved from country to country searching for the best grape.
In May 2006 Pedro landed in Beijing and given a Chinese residency visa as he was working for a new venture winery and the government was very keen to have someone with Pedro's experience to be involved. The role was difficult and Pedro was again in search for the perfect wine and wanted to settle in Australia. He began applying for Vintner positions in Australia because he was told everywhere on his travels that Australia had the best climate, freedom and sumptuous grapes.
In June 2007, while still searching for the perfect role in Australia he met Freda whilst visiting the National Art Museum of China and it was love at first sight. On a whim on 4 July 2007 they married each other at City Hall in Beijing, the marriage complied with Chinese law. Freda and Pedro searched the net each day for work in Australia dreaming of a new life there together.
Freda Khalo was born in Mexico she is 30 years old female being born on 9 February 1989. Freda left Mexico on 28 May 2007, the day before her marriage to Diego Rivera. Diego and Freda had been promised to each other as children, arranged marriages were the norm when they were children. Although Freda agreed to marry Diego she never loved him but she knew that if she refused she would be shunned by her family and the local community. Nevertheless, she had a very rebellious and restless nature. So, a month before the wedding she decided life was too short to be unhappy and secretly she arranged a visa to visit China and purchased a ticket to Beijing. The day before the wedding she told her family she had to go to Mexico City for an urgent work meeting, she packed a few things, took her passport and went straight to the airport.
On 1 January 2008 Pedro and Freda migrated to Australia.
Pedro was offered a position with a winery in Rutherglen Victoria as the head Vintner. Pedro was able to travel to Australia on a business visa and Freda came on a spouse visa.
Pedro and Freda were told by friends that perhaps their marriage conducted in China may not be recognised in Australia and it might assist their application for permanent residency if they were married here. They decided to apply to be married and did so at the Melbourne Registry office on 4 July 2010. They did not reveal their marriage in China. They obtained permanent residency in November 2010.
They continued to live in Rutherglen and Pedro became a well-known wine maker sought after by numerous wineries. Pedro decided to travel to the Barossa Valley to see if he would like to live and work there. Freda decided to stay in Rutherglen and look after their animals.
Pedro was away for a week and when he returned he found the house on 8 July 2018 completely empty, all household items and the animals were gone. All he found was a cup with a tea bag in it and a lemon. Under the lemon he found this note:
"Pedro I can no longer live with you I have decided to move to the city and eventually return to Mexico to marry Diego I need my family to love me again. Do not be upset. It is time to move on and do what is right. I prefer that you do not look for me. I have been very depressed lately and now feel no love for you. I am sorry. Freda"
Pedro was devastated. He knew Freda had been saying she was unhappy but had no idea she would up and leave and take everything with him, even his adored cat, William.
For the next two months Pedro contacted all their mutual friends and Freda's family but no one could, or would, tell him where Freda had gone. Although heartbroken he had his work and decided to get on with life.
Not long after his search for Freda he again found love with Concetta and their love was so deep they decided to have a baby. Concetta is due to have Pedro's baby in June this year and they want to be married as soon as possible.
Pedro seeks your firm's advice in relation to his options to end his marriage to Freda so that he can be free to marry Concetta. He has instructed you that he has no idea where Freda is and wants to know if this is going to complicate matters.
Task - Your Principal has asked you to research the consequence of having two marriages and how to go about obtaining a divorce to enable Pedro to marry Concetta before the baby is born.
You are required to draft a memorandum of advice, addressed to your Principal, outlining the legal requirements and the procedures required for Pedro to obtain the result he seeks.
In the memorandum of advice, you should refer to relevant rules, legislation and case law. This assessment is an individual task and compulsory for all students.
Note - This is Australian Family Law Recommended book is Family Law by Eithne Mills & Marlene Ebejer (5th ed)
LEGISLATION FAMILY W ACT 1975.
FAMILY LAW ACT 1975.
WORD LIMIT - The word limit for this assignment is 3,000 words. REFERENCING - You are expected to adhere to the Australian Guide to Legal Citation (AGLC).