FAMILY LAW - 2017/8

Module code: LAW3065

Module provider

School of Law

Module Leader

THANAPAL V Dr (Schl of Law)

Number of Credits

15

ECT Credits

7.5

Framework

FHEQ Level 6

JACs code

M200

Module cap (Maximum number of students)

N/A

Module Availability

Semester 1

Overall student workload

Independent Study Hours: 122

Lecture Hours: 22

Tutorial Hours: 6

Assessment pattern

Assessment type Unit of assessment Weighting
Examination 2 HOUR EXAM 100%

Alternative Assessment

N/A

Prerequisites / Co-requisites

None  

Module overview

The law relating to the family is of crucial importance to every individual whether adult or child.  It is family law that regulates interpersonal relationships.  Family law provides the legal framework for the establishment of marriage and civil partnerships, the dissolution of marriage and civil partnerships, the legal consequences of marriage, civil partnerships and cohabitation, the financial implications upon the dissolution of those relationships and the legal regulation of domestic violence.

 

Module aims

To provide an understanding of the way in which family law operates in the UK and how it compares to other jurisdictions where appropriate

To critically assess the sources of family law

To identify and critically assess the law governing marriage, civil partnerships and   cohabitation

To understand the law concerning divorce, dissolution and separation

To critically assess the ambit and nature of financial provision and child support

To highlight the role of the law in dealing with the issue of domestic violence

Learning outcomes

Attributes Developed
Demonstrate a critical understanding of the nature, operation and inherent values of English family law KC
Demonstrate a critical knowledge of the doctrines and concepts which inform family law in the UK and in other jurisdictions KC
Demonstrate a critical understanding of the nature of a family in law KC
Identify and critically evaluate the rights (or lack thereof) of those co-habiting, KCP
Explore and critically evaluate the status of the civil partnership in English law KC
Critically analyse the rights of married persons upon separation and divorce KC
Critically engage with the rights of civil partners upon dissolution of their partnership KC
Critically assess and apply the law relating to divorce and dissolution KCP
Critically evaluate and apply the law relating to financial provision upon separation, divorce and dissolution KCP
Critically consider the current scope of child support and its strengths and weaknesses KC
Critically explore and apply the current law regulating domestic violence KCP
Critically engage in discussions regarding competing policy concerns and values which inform family law and its development, and the relationship between them, in order to be able to propose and defend solutions KCPT
Critical engage in scholarly debate regarding family law, critically analysing the major tendencies within legal scholarship and the relationship between them KCPT
Critically engage with and apply knowledge of the primary and secondary legal authorities to solve complex problems and answer complex essay questions which seek to resolve tensions in the competing goals and content of family law CPT

Attributes Developed

C - Cognitive/analytical

K - Subject knowledge

T - Transferable skills

P - Professional/Practical skills

Module content

Indicative content includes:


History and development of family law: themes and trends
The law of marriage (including same sex marriage) and civil partnership
The law of nullity
Cohabitation
The law governing divorce and dissolution
Financial provision upon separation, divorce and dissolution
The role of child support
The laws response to the problem of domestic violence

Methods of Teaching / Learning

The learning and teaching strategy is designed to:

Introduce students to the subject areas and provide an overview to enable students to understand the basic principles and concepts.  The tutorials will delve deeper into the complexities of the subject and consider key principles for the analysis of familial legal situations.  Students will be provided with preliminary reading references but will be expected to undertake additional independent research into the subject.  During tutorials students will be expected to demonstrate their ability to apply that research to discuss given legal problems, to demonstrate self-direction and originality in tackling and proposing solutions to such problems, and to evaluate, critically research and advance scholarship in relevant areas.

The learning and teaching methods include:

11 x 2 hour lectures and 6 x 1 hour tutorials

Assessment Strategy

The assessment strategy is designed to provide students with the opportunity to demonstrate

Identification of Issues

students should demonstrate the ability to identify the legal issues raised by the questions

Analysis of the law and application

students should demonstrate the ability to analyse the relevant law, recognising gaps and inconsistencies, and should be able to apply that law to the issues raised by the questions

Evaluation and synthesis

the law should be subjected to critical analysis and, where appropriate, its wider context should be considered.

Conclusions

students should demonstrate the ability to draw appropriate conclusions, based upon their analysis of the issues raised by the questions

In particular, the assessment addresses all learning outcomes listed above.

Thus, the summative assessment for this module consists of:

1 x 2 hour exam where students are required to answer two questions. One essay question, and one problem question.

Formative assessment and feedback

Students will undertake 1 x formative mock exam where they will be required to answer one question in 1 hour.

 

Reading list

Reading list for FAMILY LAW : http://aspire.surrey.ac.uk/modules/law3065

Please note that the information detailed within this record is accurate at the time of publishing and may be subject to change. This record contains information for the most up to date version of the programme / module for the 2017/8 academic year.