CILEX Family Law - Paper 1

Under the Divorce, Dissolution and Separation Act 2020, the sole ground for divorce is: A) Unreasonable behaviour B) Adultery C) That the marriage has broken down irretrievably D) Two years' separation with consent

Under the Children Act 1989, the welfare of the child is: A) One of several relevant considerations B) The paramount consideration C) Important but secondary to parental rights D) Only relevant in public law proceedings

A non-molestation order under Part IV of the Family Law Act 1996 can be made to protect: A) Only married couples B) Associated persons as defined by the Act C) Any person who has been assaulted D) Only those who live together

Under section 25 of the Matrimonial Causes Act 1973, which of the following is the first consideration when the court exercises its powers in relation to financial orders on divorce? A) The standard of living enjoyed during the marriage B) The age of the parties C) The welfare of any child of the family under 18 D) The financial needs of each party

Explain the process for obtaining a divorce under the Divorce, Dissolution and Separation Act 2020. Discuss the key changes introduced by this Act compared to the previous law under the Matrimonial Causes Act 1973, and evaluate whether the reforms have been successful in reducing acrimony.

Discuss the welfare checklist under section 1(3) of the Children Act 1989. Explain each factor and discuss how the court applies this checklist when making orders concerning the upbringing of children. Use case law to illustrate how the factors are balanced.

Explain the types of orders available under Part IV of the Family Law Act 1996 to protect victims of domestic abuse. Distinguish between non-molestation orders and occupation orders, and discuss the enforcement mechanisms and the impact of the Domestic Abuse Act 2021.

Explain the court's approach to financial orders on divorce under section 25 of the Matrimonial Causes Act 1973. Discuss the principles established in White v White and Miller v McFarlane regarding fairness, the yardstick of equality, and the three strands of need, compensation, and sharing.