FAMILY LAW AND PRACTICE

COURSE OUTLINE

COURSE AIMS

The aim of the course is to describe and explain current family law and practice.

TARGET AUDIENCE

Professionals in the field of family law. Learners are not expected to have prior legal knowledge or qualifications.

LEARNING OBJECTIVES

At the end of the course learners will be able to:

  1. identify rights and responsibilities within relationships including marriage, cohabitation, same-sex relationships, sex change relationships.
  1. know rights and responsibilities following the breakdown of a relationship
  1. become aware of an alternative to relationship breakdown apart from mediation and court action
  1. outline practical steps and costs involved with ending a relationship through divorce, judicial separation or nullity
  1. discuss pre-nuptial and post-nuptial agreements
  1. examine finances and property entitlements following the breakdown of a relationship and how finances are distributed
  1. outline the law relating to domestic violence
  1. describe the law relating to parents and children

DURATION OF COURSE

The will be a one day course.

TEACHING METHODS

The course will be taught in a variety of ways including: formal taught sessions, group activities, discussions and role-plays.

ASSESSMENT METHODS

Assessment will be informal, through question and answer sessions, quizzes and peer assessment.

Key learning outcomes are as follows:

Introduction to Family law

This will involve a brief introduction to the course and will cover: course aims, learning outcomes, duration and assessment methods. The current structure of the Family Law courts will be discussed.

Relationships 1

This part of the course will cover: rights in marriage including, the legal definition of marriage, the requirements for a valid marriage, the rights and responsibilities that married couples have toward each other, the rights of heterosexual cohabitees, the rights and responsibilities cohabitees have towards each other, the limitations of being a cohabitation relationship, from a legal perspective.

Relationships 2

The part will outline civil partnerships, thebackground to the change in the law of civil partnerships, the rights and obligations of each person in civil partnerships, how human rights law in the Human Rights Act 1998 has influenced this area of law. The section will also look at the meaning and legal requirements for those who have had a sex changeand their rights in their new acquired gender. This will also include the process of obtaining a gender recognition certificate and the ethics and controversies that affect this area of law.

Breakdown of relationships 1

This section will discuss the law relating to divorce, judicial separation or nullity as provided for in the Matrimonial Causes Act 1973. There will be a focus on the legal ground for divorce and the factual reasons for divorce. The legal meaning of judicial separation and scenarios that can enable a relationship to be annulled will be examined. Learners will be able to identify how civil partnerships and cohabiting relationships can be brought to an end.

Breakdown of relationships 2

Learners will find out about the practical steps involved with divorce, judicial separation and annulment. Learners will examine all relevant court forms and learn how to use forms for themselves and identify costs associated with each type of relationship separation. Pre-nuptial, post-nuptial contracts and civil partnership breakdown will also be covered.

Guest Speaker

This section will highlight the innovative work of a psychologist who will give a talk on a tried and proven alternative to divorce and mediation.

Distribution of property and assets after relationship breakdown 1 and 2

Learners will be able to identify: the different ways that the law provides for property and assets that couples own to be distributed, various financial orders that the court can make, examine consent orders and pensions.

Domestic Violence

This part of the course will examine the definition, causes, effects and consequences of domestic violence. Improved legislative provision in the Crime and Security Act 2010 which provides for domestic violence protection orders to be made and Section 2A of the Protection from Harassment Act 1997 which introduces the offence of stalking will be considered. The role of the police and other enforcement agencies will also be examined.

Parents and children

Learners will examine the difficulties involved with decisions involved with who children in the family are to live with and visiting rights. Therefore, the course will examine child arrangement orders. specific issue orders, prohibited steps orders and special guardianship orders.