Family Law - 2024 Paper 1

Critically evaluate the reforms introduced by the Divorce, Dissolution and Separation Act 2020. To what extent has the removal of fault-based divorce improved the law and achieved its objectives?

Tom and Hannah have been married for 15 years and have two children, aged 8 and 12. Tom is a high-earning banker and Hannah gave up her career as a solicitor to care for the children. They own the family home (worth £1.2 million, mortgage-free) in joint names. Tom also has a pension fund worth £800,000 and investments of £500,000 in his sole name. Hannah has savings of £50,000. They are divorcing and cannot agree on the financial settlement. Advise Hannah on her likely entitlement to financial remedies under the Matrimonial Causes Act 1973.

Discuss the welfare principle under s.1 Children Act 1989 and the welfare checklist. How do the courts balance competing considerations when determining disputes about a child's upbringing?

Leila and James separated two years ago. Their daughter Mia, aged 6, lives with Leila. James has been having regular weekend contact. Leila now wishes to relocate to Australia with Mia to be closer to her family and take up a job offer. James opposes the move, arguing it will destroy his relationship with Mia. Leila also wants to change Mia's surname from James's surname to her own. Advise on the legal issues arising and how the court is likely to approach these applications.

Rachel and Deepak, an unmarried couple, have lived together for eight years and have a three-year-old son, Arjun. The family home is registered solely in Deepak's name, though Rachel contributed £40,000 towards the deposit and has paid half the mortgage throughout. Rachel also paid for significant renovations. Deepak has now asked Rachel to leave. Advise Rachel on her rights regarding the property and any claims she may have for financial provision for Arjun.