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| Module Availability |
Yearly |
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| Assessment Pattern |
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Unit(s) of Assessment
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Weighting Towards Module Mark (%)
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Examination
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80%
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Coursework
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20%
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Qualifying Condition(s)
Overall Mark of 40%
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| Module Overview |
This module considers the role of family law in family relationships. Understanding the law concerning marriage, divorce, and responsibilities owed to children is the primary objective of the module. The module considers whether the UK system achieves the correct balance between the rights of the family members. These studies are set in the wider context of international and comparative European law. The course will consider the ethical values, philosophical principles and the practical constraints relating to the role of law in the family context. |
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| Prerequisites/Co-requisites |
Land Law/Criminal Law/ Contract Law/Law of Tort |
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| Module Aims |
Students address such questions as:
- What is marriage?
- How are divorce disputes resolved?
- What are the rights of married individuals vis-à-vis their partners?
- What are the rights of unmarried individuals vis-à-vis their partners?
- How does marriage affect the right to ownership of property of the parties?
- How are disputes threatening the marriage resolved?
- How are the interests of children protected when parents separate and/or divorce?
- How does the state protect the welfare of children?
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| Learning Outcomes |
At the end of the module, students are able to:
- Demonstrate a basic understanding of the nature and operation of the English family law;
- Demonstrate a basic knowledge of the doctrines and concepts which inform family law in the UK and in other jurisdictions;
- Demonstrate a basic understanding of the nature of a family in law
- Identify the rights of those co-habiting, who are not married;
- Identity the rights of married persons upon separation and divorce;
- Identify the rights and obligations of parents in relation to their children;
- Analyse critically those rights and obligations of parents in relation to their children;
- Analyse the impact of the European Convention on Human Rights;
- Identify and analyse critically children’s rights both within and outside a marital unit;
- Analyse the roles of the state in general and local authorities in particular in relation to children;
- Apply acquired knowledge to non-complex problems;
- Apply family law theories and principles to substantive issues;
- Evaluate critically the law relating to families and children;
- Undertake directed legal research to locate relevant materials
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| Module Content |
- Definition of ‘family’ and ‘marriage’
- Void and voidable marriages
- Legal Separation
- Divorce
- Domestic violence
- The rights and obligations of partners in quasi-marital relationships with regard to each other and to any children born or accepted into their union.
- Financial provision during marriage
- Rights for financial provision after legal separation
- Financial relief on termination of marriage (including ancillary relief)
- Matrimonial property and the family home
- Status and Parentage
- Common law and statutory rights of children (legitimate and illegitimate)
- Wardship and the Inherent Jurisdiction
- Protection of the welfare of children
- Orders regulating the upbringing of children
- Local Authorities and the rights of Children
- Adoption
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| Methods of Teaching/Learning |
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| Selected Texts/Journals |
Herring, J. Family Law, (2004, Longman, Harlow)
Lowe, N. & Douglas, G. Bromley’s Family Law (2006, OUP, Oxford) |
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| Last Updated |
03.04.2008 |
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