Oxford BA: Divorce & Financial Remedies Exam Paper

Alice and Bob married in 2010. Alice, a surgeon, purchased the matrimonial home in 2008 for £400,000 using her savings. Bob contributed £50,000 towards renovations in 2012. The house is now worth £800,000. Alice has a pension worth £300,000; Bob has minimal savings but runs a struggling café valued at £80,000. They have two children aged 10 and 12. Alice earns £120,000 annually; Bob earns £20,000. Alice seeks divorce, claiming Bob's adultery. Bob, who will have primary custody, seeks half the house value and spousal maintenance. Alice argues her pre-marital ownership and higher earnings justify minimal sharing. The café requires £30,000 investment to remain viable. Bob suffers from depression affecting his earning capacity. Advise the parties on the likely financial settlement, considering all relevant factors under the Matrimonial Causes Act 1973.

Critically evaluate the extent to which the principles established in Miller v Miller and McFarlane v McFarlane have provided clarity and consistency in the determination of financial relief upon divorce. Consider whether the three-strand approach has successfully balanced competing policy objectives and examine any ongoing areas of uncertainty.

Charlotte and David married in 2005. Charlotte inherited £200,000 in 2007, purchasing shares now worth £500,000. David used his £150,000 inheritance from 2009 as a deposit on a buy-to-let property, now worth £400,000 with £100,000 outstanding mortgage. The matrimonial home, worth £600,000, was purchased jointly in 2010 with equal contributions. Charlotte works part-time earning £35,000, having reduced her career to care for their three children aged 8, 10, and 13. David, a banker earning £95,000, was made redundant last month but expects new employment within six months. Charlotte discovered David's two-year affair and seeks divorce. She wants to retain the matrimonial home and her inherited investments. David claims half of Charlotte's shares, arguing their marriage was a partnership of equals. He seeks spousal maintenance during unemployment and joint custody. Both parents are 45 years old. Charlotte's shares are volatile; David's rental income was £1,800 monthly. Advise on the financial settlement.

To what extent should pre-marital agreements be legally enforceable in determining financial relief upon divorce? Critically analyse the current position following Radmacher v Granatino and subsequent developments, considering arguments for and against reform of the law.