CILEX Family Law - Paper 3

In Radmacher v Granatino, the Supreme Court held that prenuptial agreements: A) Are always binding on the court B) Should be given decisive weight in all cases C) Are to be given weight where freely entered into with full appreciation of implications, unless unfair to hold parties to them D) Have no legal effect in England and Wales

Under the Hague Convention on International Child Abduction 1980, a child wrongfully removed to England must generally be returned unless: A) The child prefers to stay in England B) An exception under Article 13 applies C) The taking parent has a job in England D) More than 6 months have passed

The 'clean break' principle in financial remedies on divorce means: A) The parties must divide all assets immediately B) The court should aim to terminate financial obligations between the parties as soon as is just and reasonable C) Neither party can make further claims after decree absolute D) Maintenance must be paid for a minimum period

Special guardianship orders under the Children Act 1989 ss14A-14G: A) Completely sever the legal relationship between the child and their birth parents B) Give the special guardian parental responsibility which they can exercise to the exclusion of others, but do not extinguish the birth parents' PR C) Can only be made in favour of relatives D) Automatically expire when the child reaches 16

Critically analyse the court's approach to applications for permission to relocate with children, both internally within England and Wales and internationally. Discuss the principles from Re F (Relocation) and Payne v Payne, and evaluate whether the current approach adequately balances the interests of the relocating parent, the left-behind parent, and the child.

Discuss the treatment of pensions on divorce. Explain the three methods of dealing with pensions (offsetting, pension sharing, and pension attachment), the advantages and disadvantages of each, and the principles the court applies when dividing pension assets.

Analyse the law relating to the inherent jurisdiction of the High Court in relation to children. Discuss when the inherent jurisdiction (including wardship) may be invoked, its relationship with the Children Act 1989, and the restrictions on its use by local authorities under section 100. Provide examples of situations where the inherent jurisdiction has been used.

Critically evaluate the Domestic Abuse Act 2021. Discuss the statutory definition of domestic abuse, the new protections introduced, the creation of the Domestic Abuse Commissioner role, and the impact on family court proceedings. Has the Act adequately addressed the shortcomings identified by campaigners and practitioners?