LPC
Study Unit Specification (Elective Subject)
Code: UJXTT5-10-M
Title: Family Breakdown
Version: 2
Level: M-level
UWE Credit rating: 10
ECTS credit rating: 5 Module Type: non-MAR
Owning Faculty: Social Sciences and Humanities
Field: n/a Field Leader: n/a
Valid from: September 2008 Discontinued from:
Contributes towards: Postgraduate Diploma in Legal Practice
Pre -requisites: none
Co-requisites: none
Excluded combinations: none
1. Rationale:
As with all study units on the programme, the rationale is to prepare the student for the first day of work as a professional lawyer (i.e. as a new trainee solicitor in a firm of solicitors). Specifically in this case, the rationale is to prepare the student for work in a general family law department.
2. Learning outcomes:
On completion of the study unit students will be able to (at a professional level):
2.1 understand the law relating to the various topics of Family Law in the syllabus and understand knowledge from such other areas that impact on the family law practitioner, as are shown in the syllabus.
2.2 critically analyse complex areas of knowledge (for example, the grounds for divorce; the jurisdiction of the courts; the approach of the courts to the grant of ancillary relief) and communicate the outcome effectively
2.3 critically synthesize information from the client, other parties and organisations and utilise knowledge from various areas of the syllabus (for example, the investigation of the parties’ financial positions in ancillary relief applications)
2.4 identify and define complex problems and apply appropriate knowledge and skills to their solution (for example, communicating advice on the appropriate ground for divorce, when two or more are available; communicating advice on possible settlement terms to be offered to the other party)
2.5 act, with minimal supervision, in carrying out an undefended divorce for a client, demonstrating technical expertise with precision
2.6 work effectively as a junior team member in carrying out all other procedures identified on the syllabus, demonstrating a technical expertise appropriate to the level of supervision and within agreed guidelines
2.7 use a full range of learning resources, appropriate to the practice of family law (for example, family law practitioner texts, The Family Proceedings Rules 1991, primary statutory and case law material, web sites of Inland Revenue and the DWP, various forms as appropriate to the procedures).
2.8 competently undertake research tasks with minimum guidance from those sources.
3. Syllabus outline:
The study unit covers the main areas of Family Law and Procedure that a student will encounter in a general family law department of a firm of solicitors: that is, those areas of family law and procedure relevant to a couple experiencing permanent breakdown in their relationship. In particular, the students will consider:
(i) The law and procedure relating to undefended divorce proceedings and those to terminate a civil partnership. The grounds entitling a court to grant a decree; the bars and defences to divorce and termination of partnership and other procedures that might delay the grant of a decree; the jurisdiction of the divorce court. Typical procedural problems that often arise during undefended divorce and termination of partnership procedure.
(ii) The law and procedure relating to the resolution of disputes concerning the welfare of children. The various types of orders that can be granted; the approach of the courts in making orders; directions of the court; the involvement of the CAFCASS officer; the use of mediation outside court proceedings
(iii) The law relating to the resolution of financial and property disputes between divorcing couples and those whose civil partnership is being terminated. The types of orders that can be granted; the approach of the courts in making orders; the impact of the Child Support Acts; the Financial Dispute Resolution appointment; consent orders
(iv) The resolution of property and financial disputes between non-married couples. The impact of trust and contract law and the concept of proprietary estoppel. Financial relief under the Children Act and the impact of the Child Support Acts.
(v) The protection of assets prior to the resolution of disputes. Severance; making new wills. The use of s37 to prevent disposition of assets. The registration of matrimonial home rights.
(vi) The civil law and procedures available to protect family members from domestic violence and harassment. The types of orders available. The approach of the courts in the grant of those orders. The ex parte application and application on notice. Enforcement, with and without a power of arrest.
(vii) Taxation, in so far as is relevant to relationship breakdown. Welfare benefits, in so far as is relevant to relationship breakdown. The Legal Aid schemes, in so far as is relevant to relationship breakdown
4. Teaching and Learning methods:
- problem questions based on small fact patterns
- case studies, including witness statements, court forms and orders, reports, letters etc.
- individual and group work to identify relevant legal and practical issues arising from factual scenarios / transactions
- role-play interview and advise session
- role-play negotiation session
- drafting (or amending) relevant transactional documentation e.g. letter to other party; various forms for obtaining an undefended divorce; statement of issues
- individual and group research on FPR
5. Indicative sources:
- relevant LPC manual: OUP: Family Law and Procedure
- relevant statutory material e.g. Matrimonial Causes Act 1973; Children Act 1989
- relevant regulations: Family Proceedings Rules 1991
- relevant case law material; e.g. Mesher, White, Lloyds Bank v Rossett
6. Assessment Infrastructure:
One 3-hour unseen, open book examination (with an additional 30 minute reading time).
The examination constitutes 100% of the marks for the study unit. The pass mark is 50%.
Second and final attempts: Re-assessment is by the same method as detailed above. See Assessment Regulations for further details.
Specification confirmed by............................................ Date................ February 2004
(Associate Dean, faculty of Law)