Wednesday, June 17, 2009

Never A Dull Day

Whilst browsing I came across a fairy tale.

It was a long, long time ago, that Princess Fiona, then aged 30 years, met her true love. Her champion, who was but five years her elder, had secured her release from a dreadful ordeal that was imprisonment, in a far, far away tower. His name was Shrek.

Within weeks the happy couple cohabited, initially in a modest swamp dwelling. Shrek was then a humble apothecary, but he sought greatness. Fame and fortune did indeed await him.

Shrek toiled for many years, seeking the elusive elixir. In 1998, after ten years of blissful cohabitation, the couple married. They purchased the matrimonial home, Yew Tree Cottage, for £100,000, with a 90% mortgage. However, at the turn of the following year, Shrek found his fortune. On the eve of Millennium, Shrek discovered and then sold to Never Never Inc. a sole manufacture and distribution licence for his Happy Ever After potion. The sale raised £3 million, together with an annual licence fee of £100,000. The couple purchased a more palatial property for £1 million cash. Shrek retained the remaining capital and his income.

Shrek grew tired of the marriage. In 2002 he met Darla, an Australian beauty, and his indiscretion soon led to irretrievable breakdown.

Princess Fiona, now aged 46 years, issued a divorce petition against Shrek, now aged 51 years. Ancillary relief has been claimed.

Shrek, who now that he has money, has reverted to type, seeks your advice upon the following issues:

1. Surely this is a short marriage case and Princess Fiona will not get much?

2. If I am wrong, must she get half?

3. What reasons are there to depart from equality?

4. If she is going to get substantial relief, I'll move to the Australian outback and she’ll have to find me.

5. Can I run the millionaire’s defence?

6. I am about to be sued by a Swiss financial institution for £½ million – is that relevant?

7. I want a clean break but I can't afford it. Please advise upon Fiona’s maintenance claim.

A link to the article in Word format is available below but it would be interesting to know what a Scottish lawyer would make of it as the points of law and outcome would be very different.

Full article Source Zenith Chambers


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