Reference no: EM131419076 , Length: word count:2000

Question 1 -

X and Y were married seven years ago, when they were both 50, but unknown to Y, X's hobby was the keeping of reptiles, including a snake. Y was terrified of the snake and threatened to leave if X did not get rid of the snake. X was Very fond of his snake. X refused to get rid of the snake, offering instead to confine it to the spare room, but six months later Y stormed out of the matrimonial home. X did not hear from Y for several months only heard of her whereabouts when he was contacted by a mental hospital where Y was a patient. X visited Y frequently in hospital, but Y was suffering from insane delusions about snakes. After six months in hospital. Y was discharged to be cared for by X, but refused to return home to X whilst he still had the snake.

X and Y have not lived in the same house for the past six and a half years, and X non wishes to divorce Y. Y is opposed to the divorce as she is concerned about her financial situation should she lose her rights to her inheritance after X's death.

Advise X on his position under the present law.

Question 2 -

H and W have been married for 30 years and are now both aged 60. H is a successful businessman and has, for many years, been involved in Black Magic. H and W have become increasingly estranged over the years, especially since their daughter, J, grew up and left home. When J left home, W joined some adult education classes and has become increasingly involved in women's rights and radical politics. H finds this embarrassing and has to endure many taunts from his friends about his wife 'getting out of control'. W has become increasingly assertive and will not cook H's meals or wash and iron his clothes, arguing that she is no longer his slave.

W frequently makes jokes about H's involvement in Black Magic and has refused to accompany H to the annual Black Magic Dinner and Dance, saying that it is all mumbo jumbo. This is all too much for H, who tells W to 'shape up or get out. VV responded by changing the locks on the doors to the matrimonial home, whilst H was out at work, to teach him a lesson. W made H wait at the doorstep for 2 hours before throwing him the new keys. H moved back in, but W refuses to cook and clean for him, and H now wishes to divorce W. W is unwilling to consider divorce as she does not wish to upset her elderly mother, C, who is a staunch Catholic and vehemently opposed to divorce. C has threatened to disinherit any of her children who divorce.

Advise H on whether he can obtain a divorce under the present law in the Women's Charter 2009.