Reference no: EM133684732

Vishnu and Chloe have been married for 8 years in the UK. Vishnu, who is 38 years of age, is the director of a company specialising in AI software. He earns £70,000/per annum. Chloe is 34 years of age and is a housewife. She has a degree in law and previously worked as a paralegal but gave up her job to look after their two children;

their son, Aadi, who is 6 years old and their daughter, Gemma, who is 2 years old. They live in Brentwood, Essex in a 4 bedroom house which they own jointly. Vishnu also owns two cars - a Jaguar sports car and a Range Rover.

In February 2024, Chloe suspected that Vishnu was having an affair with his colleague, Kate. She found out some pictures on Vishnu's phone on 10th January 2024 after his New Year's party showing he had been hugging and kissing Kate. Vishnu denies the affair saying that Kate is simply a friend. He has also been working late and has not been spending a lot of time with the children. Equally, Vishnu is accusing Chloe of having an affair since he found intimate texts from her colleague, James, which she denies. There appears to be distrust on both sides.

Chloe, who is a Christian, is currently staying with her parents in Colchester and doesn't want to return to her house because she is worried that Vishnu's values conflicts with hers. She wants to raise Aadi and Gemma as Christians and send them to a Catholic school near her parents' home in Colchester. Aadi is currently attending a private school that is secular but respects all religions. He also attends a Hindu Saturday school where he learns about Hinduism and Gujarati. Since Chloe has been in Colchester, Vishnu has been regularly coming to her parents' house calling and texting her. He has also frightened the children by shouting at her from her parents' driveway and violently banging on the front door. The source of Vishnu's anger is that he believes Aadi is missing out on his Saturday school. Chloe refuses to respond as she is now scared of him and is worried his threatening behaviour is affecting the children's happiness. She is thinking about divorcing Vishnu.

You are a solicitor for Bymans LLP and Chloe comes to you seek legal advice on the following issues:

1. What legal options are open to her to bring her marriage to an end? Critically analyse her options under the Divorce, Dissolution and Separation Act 2020 and the law generally and finally, consider any challenges she may face from Vishnu.

2. What financial and property orders could the court make on divorce and how would they apply the various factors under s.25 MCA 1973?

3. What orders could she obtain to enable both children to stay with her with reference to the criteria which the court would consider in the children's welfare?

Secondly, what orders could she apply for to protect her from Vishnu's threatening behaviour?