[Solution]Family Law and Matrimonial Practice – Assignment Questions

Lawrence and Lily married for 6 years with one son and one daughter age 8 and 3 respectively. The son was born to Lily’s previous…

Lawrence
and Lily married for 6 years with one son and one daughter age 8 and 3
respectively. The son was born to Lily’s previous marriage.

Lawrence runs a successful logistic
company in Aberdeen, South of Hong Kong Island. They live in a flat in the same
area under the sole name of Lawrence which worth around HK$8 million. Lawrence
also owns two office flats and a warehouse. One office and the warehouse are for
running his business while the other office flat is rented for rental income. All
the properties are under mortgage with each having a net market value of about
HK$6 million.

Lily was a nurse
before married to Lawrence but gave up her nursing career to bring up the
children. The failure of her last marriage was she fell in love with Lawrence
while still married. So she divorced her husband and married Lawrence.

Recently
she suspected that Lawrence may have an affair with his secretary. About three
months earlier she overheard Lawrence telephone talking with the supposed
secretary. Lawrence said, “I can barely wait coming back to the office to be
with you. It was so wonderful every minute staying with you. I love you.” She
confronted with Lawrence whether he was having an affair with the secretary but
was denied.

Ever since
then Lily began to ask questions about the alleged adulterer. She called to his
office every 10 to 15 minutes just to make sure Lawrence is not doing anything
out of the ordinary. Beginning form three weeks earlier she even come to the
office everyday scolding the secretary, distributing printings talking about
how adultery is harmful to harmony of family life. She also keeps sending
e-mails and whatsapps to Lawrence and all the company as well as personal
accounts of the staffs that she knew asking for information about Lawrence’s
alleged adultery.

Lawrence
asks your advice to stop Lily from keep coming to his office and sending
e-mails and whatsapps to him, the company and that of the staffs disturbing the
business. Lawrence also considers taking a divorce action.

Advise
Lawrence on how to stop Lily from doing all these actions.

Discuss
if Lawrence can petition for a divorce from Lily and on what facts can he rely
upon?

Explain
to Lawrence the divorce procedure to be followed in a divorce petition.

Who will probably have the custody in
respect of the 2 children and what factors will the court take into account
when making custody orders in this respect?

In
light of of DD v LKW advice Lawrence what financial orders the court might
make, and what factors will be taken into account by the court with regard to
the spouse and the children.
The post Family Law and Matrimonial Practice – Assignment Questions

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