CILEx Level 6 Unit 20 The Practice of Family Law
CILEx Level 6 Unit 20 The Practice of Family Law - £570
This is a course set at the equivalent to LPC in academic standard and will give you an in-depth knowledge of the Practice of Family Law. At the end of the course you will have a very broad and deep understanding of how to implement Family Law in England and Wales.
Who is the course for?
The course is for legal practitioners who need to have an in-depth knowledge of how to apply the law relating to family law matters. You might be:
- a Chartered Legal Executive student selecting this subject as your ILEX Level 6 practice unit
- a law graduate paralegal working in a family law department within a legal firm
- a solicitor working in this area of practice who has not the Practice of Family Law as an elective subject within the LPC
We recommend that practitioners who have not already studied Family Law at degree level or at ILEX Level 6 should also study CILEx Level 6 Unit 07 Family Law which delivers the legal knowledge on which the procedures are based. As an alternative to the Level 6 course you may also wish to consider our CILEx Level 3 Unit 12 The Practice of Family Law course which delivers detailed knowledge of how to progress the most common family matters.
What qualification will I get?
Success in the course will lead to the award of a CILEx Level 6 Single Subject Certificate in The Practice of Family Law, which is a standalone qualification but can also contribute to the CILEx Level 6 Professional Higher Diploma in Law and Practice or the CILEx Graduate Fast-track Diploma.
What will I learn?
The course delivers the CILEx syllabus for this unit. Please click on the link to see the syllabus content expressed in terms of broad learning outcomes as well as the detailed knowledge, understanding and skills that are delivered by the course. ITC publishes a course manual every year to deliver the CILEx syllabus and the table of contents (2011 edition) is reproduced below. You can also view sample pages from the course manual.
PART 1: DIVORCE
Chapter 1: The Law of Divorce and Civil Partnership Dissolution
1.1 Introduction
1.2 Terminology
1.3 The one-year bar and jurisdiction for divorce
1.4 The ground for divorce
1.5 Adultery
1.6 Behaviour
1.7 Desertion
1.8 Two years’ separation and consent
1.9 Five years’ separation
1.10 The effect of cohabitation and reconciliation
1.11 Civil partnership dissolution
1.12 The statutory defence to s1(2)(e)
1.13 The s10 protection
1.14 s10A – divorce and dissolution of religious marriages
1.15 Public funding
1.16 Reconciliation and counselling
1.17 Compulsory mediation
1.18 Summary
Chapter 2: Procedure and Drafting in Divorce
2.1 Introduction
2.2 The first interview
2.3 The application
2.4 The statement of case
2.5 The prayer
2.6 Amendments and additions to the application
2.7 The statement of arrangements
2.8 Filing the application
2.9 Service
2.10 Directions for trial
2.11 Decree nisi
2.12 Decree absolute
2.13 An overview of the procedure
2.14 Summary
PART 2: FINANCIAL CONSEQUENCES OF MARRIAGE BREAKDOWN
Chapter 3: Financial Orders Following Divorce
3.1 Introduction
3.2 Alternative dispute resolution
3.2.1 Negotiation
3.2.2 Mediation
3.2.3 Collaborative law
3.2.4 Comparison of litigation and ADR
3.3 The prayer
3.4 Maintenance pending suit
3.5 Periodical payments
3.6 Secured periodical payments
3.7 Lump sum orders
3.8 Property adjustment orders
3.9 Orders for sale of property
3.10 Orders in respect of pensions
3.10.1 Pensions Act 1995 – the importance of the pension asset
3.10.2 Pension attachment orders and ss25B and 25C Matrimonial Causes Act 1973
3.10.3 Criticism of pension attachment orders
3.10.4 Pension sharing orders
3.11 Orders for children of the family
3.12 Factors to be taken into account by the court (s25 Matrimonial Causes Act 1973)
3.12.1 The assets of the parties
3.12.2 Financial needs, obligations and responsibilities
3.12.3 The standard of living of the parties
3.12.4 Age and duration of the marriage
3.12.5 Physical or mental disability
3.12.6 The contributions of the parties to the marriage
3.12.7 The conduct of the parties
3.12.8 The importance of the pension asset
3.12.9 ss25(3) and (4) Matrimonial Causes Act 1973
3.13 Principles on which the court acts – the clean break
3.14 The “one-third rule” and net effect approach
3.15 The Duxbury calculation
3.16 The significance of the House of Lords’ decision in White v White [2000]
3.17 The decision in White v White in practice
3.18 Variation
3.19 The impact of the Human Rights Act 1998
3.20 Summary
Chapter 4: Procedure for Financial Orders
4.1 Introduction
4.2 The Pre-application Protocol
4.3 Funding and the statutory charge
4.3.1 Statutory charge
4.4 The procedure in detail
4.5 Making the application
4.5.1 Proceeding with the financial application made in the divorce application or answer
4.5.2 Steps to be taken by the court
4.5.3 The preparation of the financial statement in Form E
4.5.4 Service of Form A and Form E on other parties
4.6 Preparation for the first appointment
4.7 The first appointment
4.7.1 Directions for disclosure
4.7.2 Expert evidence
4.7.3 Referral to an FDR appointment
4.7.4 Costs
4.8 The FDR appointment
4.9 Preparation for the final hearing
4.10 Liability for costs
4.11 The hearing
4.11.1 Evidence and disclosure in ancillary relief
4.12 Consent orders
4.12.1 Procedure
4.12.2 Drafting
4.12.3 Pension orders by consent
4.13 Public funding – the forms of public funding available and the financial conditions for eligibility
4.13.1 Legal help
4.13.2 Legal representation
4.13.2.1 Contribution from income
4.13.2.2 Contribution from capital
4.13.3 The operation of the statutory charge
4.14 Proceedings for a financial remedy and mediation
4.14.1 Introduction
4.14.2 Funding a referral to mediation
4.14.3 Family mediation
4.14.4 The statutory charge
4.14.5 The referral process
4.14.6 Determination of suitability
4.14.7 Exemptions from the mediation process
4.15 Applications under s37 Matrimonial Causes Act 1973
4.16 Impact of the Human Rights Act 1998
4.17 Summary
Chapter 5: Tax Considerations
5.1 Introduction
5.2 Income tax
5.3 Capital gains tax
5.4 Inheritance tax
5.5 Summary
Chapter 6: Enforcement of Orders
6.1 Introduction
6.2 The Maintenance Enforcement Act 1991
6.3 Preliminary steps
6.4 Methods of enforcement
6.5 Registration in the Magistrates’ Court
6.6 Enforcement of lump sum orders
6.7 Enforcement of property adjustment orders
6.8 Enforcement of an undertaking
6.9 Summary
Chapter 7: Welfare Law
7.1 Introduction
7.2 Income support
7.2.1 Eligibility
7.2.2 Making a claim for income support
7.2.3 The calculation for income support – the treatment of capital
7.3 The Social Fund
7.4 Jobseeker’s allowance
7.5 Tax credits
7.6 Help with housing costs
7.6.1 Local authority’s duty to house
7.7 Child benefit
7.8 Summary
Chapter 8: The Child Support Agency
8.1 Introduction
8.1.1 The impact of the Human Rights Act 1998
8.2 Maintenance calculation – definitions and duties
8.3 Calculating child support
8.4 Variation applications
8.5 Procedure
8.6 The position where the carer parent is in receipt of benefit
8.7 Enforcement
8.8 Impact on ancillary relief proceedings
8.9 The role of the courts
8.10 Summary
Chapter 9: Occupation of the Family Home
9.1 Introduction
9.2 Home rights
9.3 Protection of the home rights
9.3.1 The registration procedure
9.3.2 The consequences of registration
9.4 Acquiring an interest in the family home
9.5 Summary
Chapter 10: The Financial Consequences of Cohabitation
10.1 Introduction
10.2 Rights of occupation
10.3 Interests in the home
10.4 The Trusts of Land and Appointment of Trustees Act 1996
10.5 Severance of joint tenancy
10.6 Comparison of marriage, cohabitation and civil partnership
10.7 Law Commission proposals on reform
10.8 Summary
PART 3: CHILDREN
Chapter 11: Principles of the Children Act 1989
11.1 Introduction
11.2 The “welfare” principle
11.3 The welfare checklist and other principles
11.4 Parental responsibility
11.5 Summary
Chapter 12: Private Law Relating to Children
12.1 Introduction – s8 orders
12.2 Contact orders
12.3 The terms of a contact order
12.3.1 Imposing conditions or directions under s11(7) Children Act 1989
12.3.2 Contact orders where contact is denied – the significance of the mother’s “implacable hostility”
12.3.3 Contact and domestic violence/abuse
12.3.4 Contact and the Human Rights Act 1998
12.4 Residence orders
12.5 Prohibited steps orders
12.6 Specific issue orders
12.7 Duration of orders
12.8 Procedure
12.9 Who may apply for a s8 order?
12.10 Making the application
12.11 The hearing
12.12 Enforcement
12.13 Appeals
12.14 Special guardianship orders and family assistance orders
12.14.1 Family assistance order
12.15 Applications for financial provision under the Children Act 1989
12.16 Unmarried fathers
12.17 The use of the Official Solicitor and CAFCASS Legal Services and Special Casework
12.18 Child abduction
12.19 Summary
PART 4: PROTECTION FROM DOMESTIC VIOLENCE AND MOLESTATION; OCCUPATION ORDERS AND NON-MOLESTATION ORDERS
Chapter 13: Part IV Family Law Act 1996
13.1 Introduction
13.2 Background to Part IV Family Law Act 1996
13.3 Definitions
13.4 Occupation orders (ss33–38)
13.4.1 Applicant entitled to occupy (s33)
13.4.2 Powers of the court (s33(3))
13.4.3 Matters to be taken into account (s33(6))
13.4.4 The “balance of harm” test (s33(7))
13.4.5 Duration of orders (s33(10))
13.5 Applicant is former spouse or former civil partner with no existing right to occupy (s35)
13.5.1 Powers of the court
13.5.2 Matters to be taken into account
13.5.3 The “balance of harm” test (s35(8))
13.5.4 Duration of orders
13.6 Applicant is cohabitant or former cohabitant with no existing right to occupy (s36)
13.6.1 Duration of orders
13.6.2 Position where neither party has a right to occupy (s37 and s38)
13.7 Supplementary provisions
13.7.1 Additional powers
13.8 Impact of the Human Rights Act 1998
13.9 Children
13.10 Non-molestation orders
13.10.1 Terms and duration of the order
13.10.2 Powers of the court
13.11 Order on a “without notice” basis
13.12 Undertakings
13.13 Enforcement
13.13.1 Without notice orders and the power of arrest
13.13.2 The effect of a power of arrest
13.13.3 Warrants for arrest
13.14 Summary
Chapter 14: Procedure for Occupation Orders and Non-molestation Orders
14.1 Introduction
14.1.1 Where to find the rules of procedure
14.2 Funding the application
14.2.1 The fee payable
14.3 Where is the application to be made?
14.4 Transfer of applications
14.5 The procedure in detail – the County Court
14.5.1 Drafting the sworn statement
14.5.2 Procedure where the applicant is a child under the age of 16
14.5.3 Procedure for a without notice application
14.5.4 Procedure to vary, extend or discharge the order
14.6 Service of the application
14.7 Investigation and requests for further information
14.8 The hearing
14.9 Service of the order or the undertaking
14.10 Enforcement of the order
14.11 Summary
Application
Download:
CILEx courses application form 2011-12.pdf
Apply on-line through the course shop.