Family Law 2009

• Examples feature throughout the manual emphasizing the practical context of the law and procedure and giving students the opportunity to see how family law can be applied in everyday situations
• Flow charts provide students with visual overviews of basic divorce procedure, the process of obtaining ancillary relief, and occupation orders, providing students with an altenative way of understanding the procedural elements of family law
• End of chapter questions and answers encourage students to consolidate what they have learned by assessing their knowledge and help them to identify areas where further work is needed
• Sample forms show students the type of material they can expect to encounter when in practice, better preparing students for becoming trainee solicitors

New to this edition

• Includes detailed coverage of the public law outline in the chapter on children in local authority care
• A new flow chart clarifies the procedure involved in obtaining an order under the Children Act 1989
• The manual has been fully updated to include all key legislative developments in family law since publication of the previous edition

Readership: Students studying family law on the Legal Practice Course.

Tina Bond, Senior Lecturer in Law, University of Northumbria, Jill M. Black DBE, Barrister and Family Mediator, and Jane Bridge, High Court Judge, Family Division

General matters
1: The first interview
2: Community legal service fund and public funding for family proceedings
Divorce: the decree
3: The Civil Partnership Act 2004
4: The ground for divorce and the five facts
5: Bar on presentation of divorce petitions within one year of marriage
6: Jurisdiction in divorce and proceedings to disolve a civil partnership
7: Drafting a divorce petition
8: Undefended divorce: procedure for obtaining the decree
9: Amended, supplemental, and new petitions
10: Protection of respondents in separation cases: ss. 5 and 10, Matrimonial Causes Act 1973
Ancillary relief after divorce
11: Ancillary relief orders available
12: Procedure for ancillary relief applications
13: Factors to be considered on ancillary relief applications
14: Child Support Acts 1991 and subsequent amendments
15: Preventing and setting aside dispositions under s. 37, Matrimonial Causes Act 1973
16: Collection and Enforcement of ancillary relief orders
17: Variation of ancillary relief orders
Financial provision and property during marriage
18: Financial provision and property during marriage
19: Separation and maintenance agreements
Taxation
20: Tax considerations
Welfare benefits
21: Welfare benefits
Occupation orders and non-molestation orders: Part IV of the Family Law Act 1996
22: Occupation orders and non-molestation orders: Part IV of the Family Law Act 1996
General matters concerning the home and other property
23: The home: preventing a sale or mortgage
24: Establishing an interest in property - section 17, Married Women's Property Act 1882 and the law relating to constructive and resulting trusts
25: The question of wills
Children
26: The Children Act 1989 - the section 8 orders and general principles
27: Procedures for obtaining a section 8 order
28: Preventing the removal of a child from the jurisdiction
29: Children in local authority care
30: Emergency protection of children
Cohabitants
31: Cohabitants
The Human Rights Act 1998
32: The Human Rights Act 1998 and its impact on family law