LLB Law

The course will introduce students to different conceptions of the family and the different legal relationships one can adopt, focusing on marriage, civil partnership and cohabitation. It identifies challenges for the law in managing family life, and the family law measures available to respond to evidence of domestic abuse in adult relationships. On relationship breakdown, the law on divorce and financial provision belonging to the marital partners will be explored and used as the basis for a practical exercise in resolving disputes.
 

The unit aims to: examine the law relating to the regulation of adult relationships in England and Wales and the management of legal disputes between family members.  

By the end of the course, students will understand both the overarching legal framework in this area and the practical realities of regulating family life. Students will recognise the different approaches to defining families; which families are, and are not, and regulated by Law and the implications of legal recognition. Students will understand the practical difficulties associated with identifying families; managing family life, and the family law measures available to respond to evidence of domestic abuse in adult relationships. Students will also understand the law on divorce and financial provision belonging to the marital partners and form a view of its highly discretionary nature. Students will gain practical experience of resolving disputes through a practical exercise based on the law of financial provision. Using the principles for the resolution of family law disputes, and focusing on mediation, students will be asked to negotiate in teams an agreement on the division of assets between divorcing spouses. The module asks students to critically consider the practical implications of the law and how it may be used and interpreted in specific disputes. This is an optional third year course unit available primarily to LLB Law, Law with Criminology and Law with Politics students, but registration is open to study by students on international placements and from across the School of Social Sciences.  
 

Syllabus (indicative curriculum content):  

Family Forms: marriage; civil partnership; cohabitation;  

Family Abuse: Family Law Act 1996; Domestic Abuse Act 2021; Serious Crimes Act 2015  

Divorce and Financial Provision on Divorce: Matrimonial Causes Act 1973 Family Law  

Dispute Resolution: Legal Aid, Sentencing and Punishment of Offenders Act 2014; forms of ADR, primarily mediation  

Mediation: MIAMs; principles of negotiation and reaching agreement.  

This course unit uses the standard approach of a combination of lectures and workshops as the scheduled learning activities. Lectures will introduce the theoretical principles underpinning legal concepts and provide an outline of the legal principles. Workshops will be interactive, encouraging teamwork between students and draw on staff expertise in relation to the practice of Family Law. Each task will be designed to develop understanding of core legal concepts and how they can be interpreted and applied to new factual contexts. Elements of the workshops will support the development of practical and transferable skills, and content will highlight the policies underpinning the law and the practical implications of the legal framework. The final Workshop 5 will provide an opportunity for students to negotiate a financial settlement in teams, supported by the tutor. Each student will prepare an opening negotiating position for their team which will be independently assessed.  

Examine the principles, values and policies underpinning the regulation of adult family relationships in England and Wales.
Through consideration of the law on family forms, and domestic abuse, identify the difficulties in defining and regulating the family through law and legal processes
Demonstrate knowledge of the legal principles for the division of assets between spouses on divorce and apply this in the context of negotiating a dispute.
 

Analyse and critique the primary sources of law on the family in problem and essay-based scenarios.
Identify the policies underpinning the development of concepts and principles in English family law.
Carry out research into the law and underpinning policies to develop critique and consider the extent to which underpinning policies are realised in the implementation of the law.
 

Analyse the legal position of a person in dispute in the light of the legal principles on division of assets on divorce.
Develop a position as the basis for negotiation and present it, responding to arguments presented in response.
 

Present coherent and well-reasoned argument relying on a clear evidential basis supported by authority and consider arguments presented in response.
Work independently and in teams to reach a defined outcome.
 

Negotiating position statement - 1000 words, 20%

Written examination - 1500, complete 1 question from a choice of 3. 80%

Individual and collective feedback will be given within the standard university timeframe.

Lamont, R. (ed) Family Law (2nd edition, OUP, 2022)