Family Law - Legal Practice Specialism

Course Structure

• 1. Initial Considerations in Family Law, Divorce and Dissolution

  This course covers the initial considerations for family lawyers when meeting a new client and explores non-court dispute resolution methods in family law. You'll also learn about the law and procedure related to divorce and dissolution of a civil partnership, especially following the Divorce, Dissolution and Separation Act 2020.

  By the end of this course, you'll be able to:

  Appreciate the key considerations when conducting a first meeting with a family law client

  Identify the different methods and benefits of non-court dispute resolution in family law matters

  Understand and apply the law in relation to divorce and dissolution of a civil partnership following the enactment of the Divorce, Dissolution and Separation Act 2020

  Appreciate the procedure for obtaining a divorce/dissolution

• 2. Private Children Law - Leave to Remove from the Jurisdiction and Child Abduction

  This course delves into the guiding principles of the Children Act 1989 and the types of orders and factors considered in private children proceedings. You'll learn about applications for leave to remove a child permanently from the UK and the law and procedure relating to child abduction.

  By the end of this course, you'll be able to:

  Understand the guiding principles of the Children Act 1989: the welfare principle; the no order principle; the no delay principle and the principle of parental involvement

  Appreciate the orders that can be made under s.8 Children Act 1989 and the criteria the court applies when deciding these applications

  Understand and apply the principles governing an application for leave to remove a child permanently from the UK

  Explain and apply the law and procedure relating to the abduction of children from the jurisdiction and the legal and practical steps that may be taken to prevent abduction occurring

  Appreciate the law relating to situations when a child has been removed from the UK and the applications which can be made to secure their return

• 3. Private Children Law – Parental Responsibility and Section 8 Orders

  This course explores the guiding principles of the Children Act 1989 and the concept of parental responsibility. You'll learn about the types of orders that can be made in private children proceedings under s.8 Children Act 1989 and the application of the law and procedure in these cases.

  By the end of this course, you'll be able to:

  Understand the guiding principles of the Children Act 1989: the welfare principle; the no order principle; the no delay principle and the principle of parental involvement

  Understand the concept of parental responsibility and how it can be obtained

  Advise on the orders that can be made under s.8 Children Act 1989 and the criteria the court applies when deciding these applications

  Appreciate the procedure for obtaining an order under s.8 Children Act 1989

• 4. Public Children Law

  This course covers the responsibilities of local authorities to identify and support children in need. You'll learn about the actions the court may take when local authority support does not improve a child's welfare, including care and supervision proceedings.

  By the end of this course, you'll be able to:

  Appreciate a local authority's responsibilities arising under Part III Children Act 1989 and the support it is required to provide

  Understand the law and procedure for care proceedings under Part IV Children Act 1989

  Advise a client as to the powers available to agencies to remove a child for emergency protection under Part V Children Act 1989

• 5. Financial Orders I: The Law

  This course covers the basics of the law in the Matrimonial Causes Act 1973 and how the s.25 factors are applied. You'll learn about the types of financial orders the court can make, including those related to property, pensions, child maintenance, and periodical payments.

  By the end of this course, you'll be able to:

  Understand the factors the court considers when making a financial order and evaluate how they are applied

  Identify and evaluate the types of orders that can be made following an application for a financial order

  Appreciate the need to consider the effects of taxation on financial orders or agreements

• 6. Financial Orders II: The Procedure

  This course explores the procedure for making an application for financial orders, from pre-court actions to the final hearing and consent order. You'll learn about the importance of Form E, full and frank disclosure, interim applications, and enforcement of orders.

  By the end of this course, you'll be able to:

  Appreciate the nature and content of a first meeting with a client about financial orders

  Understand and apply the procedure for obtaining a financial order

  Appreciate the parties' duty of full and frank disclosure and possible actions for non-disclosure in financial order proceedings

  Advise on the function of Form E within financial order proceedings

  Identify the circumstances in which financial orders can be enforced, varied and set aside

• 7. Financial Orders III: Settlement

  This course applies the law from Financial Orders I and II to a case study. You'll evaluate the s.25 factors, consider possible property and income orders, and propose a settlement for assets and liabilities. The course also covers the impact of welfare benefits and taxation on financial settlements.

  By the end of this course, you'll be able to:

  Evaluate the factors in s.25 Matrimonial Causes Act 1973 ('MCA') and key case law

  Identify a range of options for capital and income provision on divorce/dissolution

  Propose an acceptable package of financial orders

  Identify the impact of welfare benefits and taxation on a financial settlement

• 8. Financial Orders IV: High Net Worth Cases and Pre-Nuptial Agreements

  This course explores how the law applies in high net worth cases and the role of pre-nuptial agreements in settlements. You'll learn about the court's approach to non-matrimonial property and the application of the s.25 factors in high net worth cases.

  By the end of this course, you'll be able to:

  Understand developments in the law relating to high net worth financial order cases

  Appreciate the court's approach to non-matrimonial property in high net worth financial order cases

  Consider the application of the section 25 factors in high net worth financial order cases

  Consider and advise on the development of the court's approach to and the future of pre-nuptial agreements in this jurisdiction

• 9. Domestic Abuse

  This course covers the definition of domestic abuse under the Domestic Abuse Act 2021 and the details of non-molestation and occupation orders. You'll learn about the application process for these orders and the proposed new Domestic Abuse Protection Notices and Orders.

  By the end of this course, you'll be able to:

  Understand and apply the definition of domestic abuse as set out in the Domestic Abuse Act 2021

  Identify the orders available in a case of domestic abuse under Part IV Family Law Act 1996 and the tests for these orders

  Appreciate and explain the differences between ss.33–38 Family Law Act 1996 when applying for an occupation order

  Understand the procedure for obtaining a non-molestation or occupation order as set out in the Family Procedure Rules

• 10. Cohabitation

  This course explores the financial aspects of relationship breakdowns between cohabitees, focusing on home ownership and occupation. You'll learn about applications under the Trusts of Land and Appointment of Trustees Act 1996 and how to support children financially after a relationship breakdown.

  By the end of this course, you'll be able to:

  Advise cohabitees on financial aspects of their relationship breakdown, including ownership and occupation of a home

  Appreciate how this advice would differ from that given to a client on the breakdown of a marriage or civil partnership

  Advise cohabitees on an application for financial remedies under section 15 and schedule 1 of the Children Act 1989

• Certification

  Upon completion of the course, you will be awarded a digital certification.
  
  To earn your certificate for this course, you need to successfully complete the assessment with a score of 80% or higher. Once you pass the assessment and the invigilation check, you'll receive your digital certificate the following month. Your certification will be sent directly to your registered email address.