FAMILY LAW - 2022/3

Module code: LAW3065

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 provider

School of Law

Module Leader

THANAPAL Vickie (Schl of Law)

Number of Credits: 15

ECTS Credits: 7.5

Framework: FHEQ Level 6

Module cap (Maximum number of students): N/A

Overall student workload

Workshop Hours: 9

Independent Learning Hours: 50

Lecture Hours: 22

Guided Learning: 47

Captured Content: 22

Module Availability

Semester 1

Prerequisites / Co-requisites

None  

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

  • Family Law's response to the problem of domestic violence

  • Discretionary power of the courts under Inheritance (Provisions of Family and Dependents) Act 1975


Assessment pattern

Assessment type Unit of assessment Weighting
Examination Online 4 HOUR ONLINE EXAM 100

Alternative Assessment

N/A

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:

A 4- hour online 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.

‘The assessment method for each module has been selected to test a variety of key skills, competences and outcomes as required by QAA. As such, assessment method cannot be changed. Reasonable adjustment may be made on application subject to ALS approval AND only where such adjustment still allows for the required skills, key competences and outcomes to be assessed at an equivalent level.’

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
  • To achieve practical and critical understanding of the scope and extent of courts¿ discretionary powers under the Inheritance (Provision for Family and Dependents) Act 1975

Learning outcomes

Attributes Developed
001 Demonstrate a critical understanding of the nature, operation and inherent values of English family law KC
002 Demonstrate a critical knowledge of the doctrines and concepts which inform family law in the UK and in other jurisdictions KC
003 Demonstrate a critical understanding of the nature of a family in law KC
004 Identify and critically evaluate the rights (or lack thereof) of those co-habiting, KCP
005 Explore and critically evaluate the status of the civil partnership in English law KC
006 Critically analyse the rights of married persons upon separation and divorce KC
007 Critically engage with the rights of civil partners upon dissolution of their partnership KC
008 Critically assess and apply the law relating to divorce and dissolution KCP
009 Critically evaluate and apply the law relating to financial provision upon separation, divorce and dissolution KCP
010 Critically consider the current scope of child support and its strengths and weaknesses KC
011 Critically explore and apply the current law regulating domestic violence KCP
012 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
013 Critically engage in scholarly debate regarding family law, critically analysing the major tendencies within legal scholarship and the relationship between them KCPT
014 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
015 Demonstrate sound understanding of the key provisions of the I(PFD) A 1975 and ability to critically assess and apply the provisions to resolve practical complex problems KCPT
016 Critically assess and engage with key judicial decisions developed by the courts in relation to litigation involving the I(PFD) A 1975 KCPT

Attributes Developed

C - Cognitive/analytical

K - Subject knowledge

T - Transferable skills

P - Professional/Practical skills

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 1.5 hour large group workshops

Indicated Lecture Hours (which may also include seminars, tutorials, workshops and other contact time) are approximate and may include in-class tests where one or more of these are an assessment on the module. In-class tests are scheduled/organised separately to taught content and will be published on to student personal timetables, where they apply to taken modules, as soon as they are finalised by central administration. This will usually be after the initial publication of the teaching timetable for the relevant semester.

Reading list

https://readinglists.surrey.ac.uk
Upon accessing the reading list, please search for the module using the module code: LAW3065

Programmes this module appears in

Programme Semester Classification Qualifying conditions
Law (Law and Technology Pathway) LLB (Hons) 1 Optional A weighted aggregate mark of 40% is required to pass the module
Law (Philosophy, Politics and Law Pathway) LLB (Hons) 1 Optional A weighted aggregate mark of 40% is required to pass the module
Law LLB (Hons) 1 Optional A weighted aggregate mark of 40% is required to pass the module
Law with Criminology LLB (Hons) 1 Optional A weighted aggregate mark of 40% is required to pass the module
Law with International Relations LLB (Hons) 1 Optional A weighted aggregate mark of 40% is required to pass the module

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 2022/3 academic year.