Kasey and Jemma are a civil partnered lesbian couple. They met in 2008 while Jemma, who is Australian but has a British passport, was visiting the UK for a working holiday. In 2010, the couple moved to a rented apartment. By 2012, they had finally saved enough money to buy their first house on the outskirts of London. In 2015, the couple were delighted to welcome two children to the household – their two-year-old son, Billy, was adopted, whereas Jemma gave birth to another son, John, after a friend of theirs donated sperm via home insemination.
Unfortunately, in the last year things have begun to get much worse for the family. Kasey has found Jemma more and more difficult to live with. She dislikes the fact that Jemma drinks on a regular basis, and that she is often critical and grumpy at home. She suspects that Jemma has been having an affair with a friend of theirs, Molly, but she can’t be sure. Kasey recently said that she thought their relationship might be coming to an end. Jemma was furious. She twice pushed Kasey and said that she would return to Australia with the two children if Kasey left her.
Kasey has been upset and frightened by Molly’s behaviour, and also that of Jemma’s Mum. Molly has been calling the house on a regular basis, saying that Jemma is ‘too good’ for Kasey. She recently said ‘You should leave Jemma or else there will be trouble for you and your kids’. Jemma’s Mum has sent her a long, abusive email detailing why she should allow Jemma and the children to return to Australia. There have also been silent telephone calls, although Kasey does not know who they are from.
Kasey says that she was pressured into getting civil partnered because Jemma threatened to move back to Australia unless they formalised their relationship, taking all of her savings, and the proceeds from the sale of their home, with her.
Jemma, a management consultant, has always been much better paid than Kasey, who works as an office manager. Jemma earns about £150k whereas Kasey – who works part time – earns about £15k. This means that Jemma has to pay the mortgage, whereas Kasey helps to pay for food, bills and sometimes holidays. Jemma’s Mum provided £50k for the deposit for the house.
The friend who donated sperm so that Jemma could give birth to John – Peter – has recently been in touch. He says that, as the ‘real parent’ of John, he would like more contact with him. Both Kasey and Jemma think that John would find that very confusing, but Peter says that he will take them to court if they don’t grant access.
Finally, Kasey says she is worried about the children’s education were the couple to split. Jemma is an orthodox Jew and has always insisted that the children should go to a religious school. Kasey is adamant that the children should have a secular education.
Advise Kasey on:
How she could end the relationship formally
What S.8 orders might be made in respect of the children
How Kasey and the children would cope financially were the relationship to end, and what financial arrangements might be made on dissolution
What Kasey could do about the behaviour of Molly, Jemma and Jemma’s Mum.
