Family Law - Practice Paper 2

"The concept of non-matrimonial property is inherently uncertain and creates unfairness in financial remedy proceedings." Critically evaluate this statement with reference to the treatment of pre-marital assets, inheritances, and post-separation accrual in the division of matrimonial assets.

Fiona and George have been married for 12 years. They have two children aged 6 and 9. George has been physically and emotionally abusive throughout the marriage. Fiona obtained a non-molestation order six months ago after George broke her arm. Despite the order, George has continued to send threatening messages and has turned up at Fiona's workplace. Fiona wants to divorce George, obtain protection, and ensure the children are safe. George is seeking contact with the children. Advise Fiona comprehensively on her legal options.

Critically evaluate the law governing surrogacy in England and Wales. How adequately does the current framework protect the interests of the child, the surrogate, and the intended parents?

Maria and Olivia, a married same-sex couple, are divorcing after 8 years. During the marriage, Olivia had a child, Lily (now aged 4), conceived through anonymous donor insemination at a licensed clinic. Maria and Olivia also informally co-parent Olivia's son from a previous relationship, Theo (aged 12), though Maria has not adopted him. Maria wants to maintain her relationship with both children. She also wants an equal share of the family assets, including a flat that Olivia owned before the marriage (now worth £400,000, originally worth £250,000). Advise Maria.

Analyse the tension between the duty of the local authority to support families under Part III of the Children Act 1989 and the power to intervene compulsorily under Part IV. How should the courts and local authorities balance the right to family life under Article 8 ECHR with the obligation to protect children from significant harm?