Family Law: State Regulation of Adults' Relationship Formation and Breakdown

Learning Outcomes

Transferable and Generic Skills

Having successfully completed this module you will be able to:

• effectively apply knowledge to solve practical problems
• formulate an effective, reasoned and structured argument.
• analyse, interpret and evaluate complex material

Knowledge and Understanding

Having successfully completed this module, you will be able to demonstrate knowledge and understanding of:

• historical influences on the current law
• the family traditions and values of other societies, and minorities in British Society, as a method of introducing a comparative law perspective and recognising human rights issues.
• specific areas of law governing relationship formation and breakdown including marriage, civil partnership, divorce and dissolution, financial provision, ownership and occupation of the family home; and domestic violence
• the importance of procedure and its relationship with the substantive law plus the nature and value of ‘discretionary justice’
• relevant policy documents on law reform including consultation papers and reports from Government departments and the Law Commission
• the role of socio-legal research

Subject Specific Intellectual and Research Skills

Having successfully completed this module you will be able to:

• from a given factual scenario: identify the relevant legal facts and legal issues raised; explain the law applicable to the identified legal issues; apply the relevant law to the given facts; examine uncertainties in the law and its application to the given facts and evaluate alternative approaches and arguments; provide adequate support by reference to legal authority
• produce effective, reasoned and structured responses to a given statement or proposition, which are adequately supported by reference to legal authority
• identify and locate often complex primary and secondary legal sources relevant to family law
• analyse and assess legal materials by way of statutory interpretation, case analysis and review of secondary materials to identify, comprehend and evaluate fundamental legal principles and their impact upon contemporary issues
• communicate in writing a well-developed understanding of family law, its application to the solution of legal problems and the formulation of effective and comprehensive argument with clear and accurate use of language and legal terminology, demonstrating an appreciation of academic integrity

• Private Law Orders
• Financial responsibility of parents after relationship breakdown
• Marriage and its limits
• Civil partnerships
• Divorce, past, present and future
• Dissolution
• Foreign marriages and divorce
• Cohabitation
• Financial Provision
• Family property
• Domestic violence
• Human rights and family law (NB incorporated throughout the module)

Teaching will be by two lectures per week and one tutorial per fortnight.

The tutorials are intended as occasions for detailed discussion of specific topics within the broader areas covered in lectures, and students are expected to come fully prepared. Reading and questions for preparation will be placed on Blackboard in advance of each tutorial. Tutorials are also occasions for you to raise problems and questions and to obtain feedback on your progress.

Teaching methods include

• Lectures to provide knowledge and information within a structured context.
• Small group tutorial work focused on problem solving skills and development of reasoned argument.
• Advance study is required for the tutorials and active participation required by all members of the group.

Attendance at Lectures will develop

• The structure of the subject and key applicable substantive principles and rules of law relating to Family Law
• Appreciation of constructive criticism of the law by consideration of key areas of controversy and doubt regarding the regulation of family life
• Proposals for reform in select areas of Family Law

Preparation for Tutorials will develop

• Knowledge of the substantive principles and rules of Family Law;
• Ability to manage and access diverse range of sources of law, especially statutory material and case law, many on-line;
• Ability to critically evaluate those sources and participate constructively in oral discussions concerning them;
• Ability to structure and express thoughts in logically coherent way;
• Ability to apply those materials to problem solving exercises;
• Time management and research skills.

Learning activities include

• Directed reading assisted by reading lists and availability of materials on Blackboard;
• Accessing electronic resources in the form of legislation, journals and case materials;
• Reviewing and evaluating complex material;
• Tackling and solving factual legal problems;
• Formulating and presenting in oral and written form reasoned and structured arguments through formative tutorial activities and assessment.

Formative

This is how we’ll give you feedback as you are learning. It is not a formal test or exam.

Mock Examination

• Assessment Type: Formative
• Feedback: A ‘mock’ examination. Detailed individual written feedback is provided, plus more generic feedback on recurrent issues identified in the performance of the cohort. Follow up discussions with individual students, are also available.
• Final Assessment: No
• Group Work: No

Summative

This is how we’ll formally assess what you have learned in this module.

Referral

This is how we’ll assess you if you don’t meet the criteria to pass this module.

Repeat

An internal repeat is where you take all of your modules again, including any you passed. An external repeat is where you only re-take the modules you failed.