Matrimonial / Civil Partnership Law & Practice

Matrimonial and Civil Partnership Law and Practice

This award is for the paralegal working in their particular department in Legal Practice, Commerce, Industry or the Public Sector department doing work of a specialised or semi-specialised nature. The Fellowship Award means that a paralegal can further add to their specialist knowledge in that particular area of law and/or practice in which they are involved.

Matrimonial and Civil Partnership Law and Practice is also available as a single unit certifcate from our Higher Certificate in Paralegal Studies qualification. The Higher Certificate is for legal staff with no formal training and students new to paralegal work.

Students will be required to show not only a knowledge of the law and the application of that law to problematical questions, but will of necessity be required to show a knowledge of the procedural aspect of matrimonial/family disputes. The syllabus indicates the areas which will be required to be studied and also indicates those areas where practical skills will be necessary. Access to a Law Library or Law texts is essential and the Award involves research. Students will particularly be assessed on their writing ability and their ability to construct/draft relevant pleadings:

Syllabus

Marriage

Agreements to Marry: Law Reform (Miscellaneous Provisions) Act 1970;Ownership of Gifts/present son termination of an engagement; pre-nuptial arrangements/agreements.

The Contract of Marriage: Definition; Capacity; Formalities; Void & Voidable marriages.

Status of Parties:Mutual rights of consortium (sexual intercourse,marital rape, support, maintenance, litigation between spouses, use of surname).

Breakdown: Magistrates Orders; Divorce (grounds, defences, bars);Nullity (grounds, defences); Judicial Separation (grounds)

Civil Partnerships: The Civil Partnership Act 2004, Definition, Capacity, Formalities. Ceremony. Void & VoidableCP.

Status of Partners: Rights - Common Law and Statutory

Breakdown: Dissolution of Partnership; Grounds; Anullment.

Financial Provision: Maintenance Pendente Lite; Financial Provision Orders; Magistrates Court Orders. Property Adjustment Orders.

Ownership of Property: Co-ownership in land law; Constructive Trusts (implied and resulting); Married Woman's Property Act 1882, s17; Matrimonial Causes Act 1973 ss21-25; Married Woman's Property Act 1964; Matrimonial Proceedings & Property Act 1970, s.37; Occupation of the Matrimonial Home (Matrimonial Homes Act 1983; Domestic Violence & Matrimonial Proceedings Act1976).

Children: Legitimacy; Adoption; Guardianship; Wardship; an outline understanding of The Children Act 1989 (Including the Children Act and Local Authorities - s.17, s.20, Care Orders, Supervision Orders, Emergency Protection Orders, Child Assessment Orders and Case Studies); Residence Orders; Contact Orders; Prohibited Steps Orders; Specific Issues Orders;Financial needs of Children; the CPA. Divorce and Dissolution of CP

Undefended/Defendend: Jurisdiction; Taking Instructions; Procedure from Petition/Application to Decree Absolute (No children and with children).

Documentation: Students must be familiar with all the documentation in an undefended divorce and an ancillary relief application and be able to draft them.

Domestic Proceedings

Magistrates Court: Powers; Personal Protection Orders; Exclusion Orders: Financial Provision Orders; Orders relating to Children;Injunctions.

Proceedings: An understanding of the procedure before a Magistrates Court is required.

Ancillary Relief

Orders obtainable: Financial Provision Orders;Periodical Payments Orders;Lump Sum Payment Orders;Property Adjustment Orders;Transfer of Prperty;Settlement of Property; Variation of Settlement;Order for Sale; Avoidance of Disposition Orders

Procedure: The Family Proceedings (Amendment) Rules 1997 & 2004: Steps:Form A (Ancillary Relief); Fixture of First Appointment; Statements of Means and Case; Requests of Further Information; Statements of Issues; First Appointment; Primary Issues; Secondary Issues; Final Dispute Resolution Hearing; Final Hearing is no Agreement

Assessment

The Fellowship Award is assessed through three substantial 'work based' assignments / projects of some 5000 words each. There are no time limits involved.

Entry Requirements

One of the following:

Level 4 Diploma in Paralegals Studies

Level 7 Post Graduate Diploma in Paralegal Practice

Law Degree

ILEX Level 6

Other Equivalent (please specify)