2019/20 Undergraduate Module Catalogue
LAW2330 Family Law
20 creditsClass Size: 60
Module manager: Professor Marie-Andree Jacob
Email: M.A.Jacob@leeds.ac.uk
Taught: Semesters 1 & 2 (Sep to Jun) View Timetable
Year running 2019/20
Pre-requisite qualifications
Completion of 40 credits of Law modules at level one.Pre-requisites
| LAW1200 | Foundations of Law |
This module is not approved as a discovery module
Module summary
This module examines the legal rules and concepts regulating intimate or domestic relationships between adults. The social context in which the law operates will be stressed, in particular the relationship between the law and the changing social structure of the family. Students who do not have a background in other law modules may find it a steep learning curve.Objectives
In this module we look at the legal rules, concepts and values which govern and regulate intimate or domestic relationships between adults. In broad terms, the syllabus covers the formation of family relationships through marriage, civil partnerships and cohabilitation. It also considers how family law can protect victims of domestic violence, the basis for divorce and what happens in relation to disputes over money and property on the breakdown of the relationship.Broadly the approach we take in the module is socio-legal in that you will consider the law within a broader historical, social and political context. but you will also develop specific technical skills, particularly in relation to handling statutory material as most of family law is grounded in statute.
Learning outcomes
By the end of this course a student should be able:
- to explain, analyse and evaluate the legal rules, concepts and values governing and regulating intimate or domestic relationships;
- to demonstrate the development of the law, including the institutions and procedures, within a broader historical, demographic and social context;
- to promote critical and informed discussion of the relationship between families and the state, the interface between family law and family policy and the roles of men and women within families, and to introduce the various theoretical perspectives on family law.
Skills outcomes
This module provides provide practice in the development of a number of skills: in particular, the specific skill of locating and applying relevant statutory and case materials to the legal problems which arise when family relationships break down.
Syllabus
Theoretical approaches to family law:
Functionalism and feminist perspectives.
What is a 'family'?:
The Human Rights Act 1998 and family law: the concept of 'family' under Article 8 of the European Convention on Human Rights. Definitions and approaches to the 'family': case-study - 'the family' and housing law.
Marriage and civil partnership:
History of the legal regulation of marriage.
Formalities of marriage:- preliminaries, solemnisation, the case for reform. Capacity to marry and the law of nullity - the distinction between void and voidable marriages, ss.11-14, 19 Matrimonial Causes Act 1973 (excluding s.11(d)). Equivalent provisions of the Civil Partnership Act 2004 (ss.2 - 36 & ss.49 - 55 CPA 2004). Forced Marriage (Civil Protection) Act 2007 and Anti-Social Behaviour, Crime and Policing Bill 2013-14. Marriage (Same Sex Couples) Act 2013.
The legal consequences of marriage, civil partnership and cohabitation:
The legal consequences of marriage - historical review and contemporary relevance. The demographic background to cohabitation. Legal recognition of cohabitation. Comparison of the legal effects of marriage, civil partnership and cohabitation. The development of cohabitation contracts. Policy issues relating to the reform of cohabitation law.
The protection of family members from domestic violence:
Definitions and causes of domestic violence. Civil law remedies - Part IV of the Family Law Act 1996 (as amended by the Domestic Violence, Crime and Victims Act 2004). The relevance of the homelessness legislation - the Housing Act 1996 and Homelessness Act 2002. Your materials will include a discussion of the current patchwork approach to domestic violence including the role of the criminal law, the police, the Protection from Harassment Act 1997 and the Crime and Security Act 2010. These issues will not be covered in any substantive way in seminars but may be pursued in further research.
Relationship breakdown - divorce and dissolution:
The development of divorce law. The social context of modern divorce. Divorce: grounds and process: Matrimonial Causes Act 1973. The role of mediation. Part II of the Family Law Act 1996 - reform of divorce law? Dissolution of civil partnerships (ss.37 - 48 CPA 2004). The impact of LASPO 2012.
Economic aspects of divorce and dissolution (1):
Background to the current law, including the law from 1970-1984.
Private ordering in relation to property and finance on divorce and dissolution.
Adjudication in the courts: the orders and the principles - ss.22 - 25 Matrimonial Causes Act 1973. Equivalent provisions in relation to civil partners (Sch.5 CPA 2005). Variation of orders. Marital agreements. Prospects for reform.
Economic aspects of divorce and dissolution (2):
Case-studies applying the law and principles.
Teaching methods
| Delivery type | Number | Length hours | Student hours |
| Lecture | 3 | 1.00 | 3.00 |
| Seminar | 8 | 2.00 | 16.00 |
| Private study hours | 181.00 | ||
| Total Contact hours | 19.00 | ||
| Total hours (100hr per 10 credits) | 200.00 | ||
Private study
Students are provided with study workbooks for each seminar. The workbook provides reading from the recommended textbook with self-test questions as well as preparatory questions for the seminar. The workbook also contains details of further reading.Opportunities for Formative Feedback
Students are monitored through participation in the seminars. There are at least two pieces of formative assessment which may be work done in preparation for the seminars or done independently. All students will present 2 minute reviews of the previous seminar, working in pairs or teams.Students will have the opportunity to provide an AOB (Abstract, Outline and Bibliography) maximum 500 words in advance of submission of the essay.
Methods of assessment
Coursework
| Assessment type | Notes | % of formal assessment |
| Essay | 1 x 2,500-word essay | 40.00 |
| Total percentage (Assessment Coursework) | 40.00 | |
Normally resits will be assessed by the same methodology as the first attempt, unless otherwise stated
Exams
| Exam type | Exam duration | % of formal assessment |
| Exam with advance information on questions | 2 hr | 60.00 |
| Total percentage (Assessment Exams) | 60.00 | |
2 questions from 4
Reading list
The reading list is available from the Library websiteLast updated: 29/07/2019
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