Module Descriptors
FAMILY LAW AND PRACTICE - BL
LAWS73015
Key Facts
Health, Education, Policing and Sciences
Level 7
1 credits
Contact
Leader: Rachael Stretch
Hours of Study
Scheduled Learning and Teaching Activities:
Independent Study Hours:
Total Learning Hours:
Pattern of Delivery
  • Occurrence A, Stoke Campus, PG Semester 2
Sites
  • Stoke Campus
Assessment
  • EXAMINATION - OPEN BOOK EXAMINATION IN EXAMINATION CONDITIONS weighted at 100%
Module Details
Indicative Content
ELEMENT 1: DIVORCE AND DISSOLUTION
1. divorce/dissolution proceedings & preliminary matters
2. alternatives to divorce, costs, benefits and risks
3. public funding, costs issues, statutory charge and mediation.
4. practical advice to clients
5. steps in the divorce process and critical tasks,

ELEMENT 2: ANCILLARY RELIEF
1. alternatives to litigation
2. ancillary relief proceedings
3. law relating to ancillary relief,
4. overriding objective, proportionality
5. steps in the ancillary relief process
6. nature of child support and impact on ancillary relief
7. capital gains tax and welfare benefits
8. appropriate settlements
9. consent order,

ELEMENT 3: DOMESTIC VIOLENCE
1. domestic violence , practical and non legal solutions
2. police and criminal proceedings
3. non-molestation and occupation orders
4. enforcement of orders

ELEMENT 4: CHILDREN
1. private law orders ,resolution, alternatives to litigation
2. court's jurisdiction
3. parental responsibility
4. welfare checklist
5. private children's proceedings

ELEMENT 5: COHABITEES
1. breakdown of relationship
2. ownership of the family home, express and implied trusts
3. alternatives to litigation
4. proceedings available in relation to the family home
5. advice to an unmarried client
Learning Strategies
Family Law and Practice is taught within 9 x one hour lecture sessions and 9 x two hour workshop sessions plus one week of self study. Additionally, for students following a blended-learning mode of delivery there will be on-line activities.
Assessment Details
Assessed in one 3 hour written assessment
Texts
OUP Family Law Handbook (annually updated), On-line resources
Resources
Lecture and workshop materials. Blackboard
Learning Outcomes
1. IDENTIFY THE COMPLEX LEGAL AND TACTICAL FACTORS INVOLVED IN FAMILY PROCEEDINGS AND APPRECIATE THE METHODS OF DISPUTE RESOLUTION FOR BOTH FINANCIAL AND CHILDREN'S MATTERS Enquiry

2. EVALUATE COMPLEX ISSUES BOTH SYSTEMATICALLY AND CREATIVELY, MAKING SOUND JUDGMENTS IN CONNECTION WITH TAKING THE APPROPRIATE COURSE OF ACTION FOR THE CLIENT IN RELATION TO THE DISPUTE
Reflection

3. COMMUNICATE EFFECTIVELY IN WRITING TO BOTH THE CLIENT AND PROFESSIONALS, APPROPRIATE INFORMATION WHICH HAS BEEN CAREFULLY ANALYSED AND SYNTHESISED
Communication

4. IDENTIFY AND PERFORM THE CRITICAL STEPS IN PROCEEDINGS RELATING TO DIVORCE, ANCILLARY RELIEF, DOMESTIC VIOLENCE AND PRIVATE CHILDREN'S MATTERS
Problem Solving

5. DRAFT DOCUMENTATION TO EFFECT THE PROCESS IN CLEAR AND UNAMBIGUOUS LANGUAGE AND WITH CORRECT GRAMMAR
Application

6. IDENTIFY CONFLICTS OF INTEREST THAT MAY ARISE WHEN ACTING FOR MORE THAN ONE PARTY TO A DISPUTE AND TO ACT APPROPRIATELY FOLLOWING ANALYSIS OF THE SITUATION
Analysis

7. UNDERSTAND CLIENT CARE AND MONEY LAUNDERING REQUIREMENTS AND BE ABLE TO ADVISE THE CLIENT ABOUT THE AVAILABILITY OF PUBLIC FUNDING
Communication

8. DEMONSTRATE A SYSTEMATIC UNDERSTANDING AND KNOWLEDGE OF THE LEGAL AND PROCEDURAL ISSUES AND TO BE ABLE TO COMBINE THAT KNOWLEDGE WITH OTHER COMPLEX ISSUES AND FACTORS IN THE PROVISION OF ADVICE TO THE CLIENT
Knowledge & Understanding

9. IDENTIFY THE CLIENT'S OBJECTIVES AND DISPLAY ORIGINALITY IN SOLVING PROBLEMS AND IMPLEMENTING STRATEGIES TO ACHIEVE THOSE OBJECTIVES
Problem Solving

10. UNDERSTAND THE IMPACT OF HUMAN RIGHTS ON FAMILY LAW
Application
Web Descriptor
Family Law is an area of law that is developing in light of recent case law and legislation and can be encountered in any specialist field and this module covers Divorce, Children and Finance matters. Students get the opportunity to explore matters relating to children and finances in detail by reference to case studies and workshops where practical issues that affect clients and their families.