INSTRUCTIONS TO CANDIDATES
Naming Your Submission
PLEASE IMMEDIATELY SAVE THIS DOCUMENT USING THE FILE NAME: [STUDENT REFERENCE NUMBER] - FAL - Assessment So, for example, if your Student Reference Number is 123456 and code FAL you should save your submission using the file name: 123456 - FAL - Assessment
Please ensure you use your own Student Reference Number, not the one shown above.
Submitting Your Assessment
You MUST upload and submit your assessment BEFORE the submission deadline.
Answers to all questions must be submitted as one document via the Turnitin link. Please refer to the submission instructions sent to you by the Assessments Office.
Student Declaration
I certify that the assessment submission is entirely my work, and I have fully referenced and correctly cited the work of others, where required. I also confirm the contents of my submission have not been generated by a third party, or through an Artificial Intelligence generative system.
I have read the Student Discipline Regulations and understand any Assessment Related offence/Academic Misconduct can lead to consequences.
By submitting this assessment submission, I am confirming that I am fit to sit according to the Assessment Regulations.
Referencing and Bibliographies
All coursework answers should be properly referenced and include a complete bibliography. The default referencing system for law is OSCOLA and this should be adopted for all courseworks unless you have been instructed that an alternative referencing system, such as Harvard, is acceptable.
There are a number of useful resources available on the Library Service website: https://library.law.ac.uk/Referencing.html
This examination is open book.
Questions
QUESTION 1
Critically evaluate whether s25 of the Matrimonial Causes Act 1973 should be repealed and replaced by equal division of matrimonial assets on divorce.
Your discussion should include a critical assessment of the impact of landmark cases over the past 25 years on the development of the law and the guidance they provide to judges.
TOTAL FOR QUESTION 1: 60 MARKS
PLEASE WRITE YOUR ANSWER TO QUESTION 1 HERE:
QUESTION 2
Max (aged 41) and Deanna (aged 39) have been married for 18 years and have two children, Gemma, aged 14 years and Leo aged 10 years. Max and Deanna have recently separated and divorce proceedings are ongoing.
Max was a part time lecturer and a keen amateur writer, until 6 years ago when a novel which he had written was critically acclaimed and won a major book prize. At that point, he gave up lecturing to become a full time novelist and has written five best sellers. Following his success, he and Deanna began to grow apart, and 10 months ago, they separated. Deanna remained in the family home with the children and Max moved out, relocating away from the area to a town about two hours’ drive away. As Max now lives away, although he keeps in contact with the children via text, phone and FaceTime, he rarely sees them.
Deanna is a full time mum to the children. About 5 months ago, she began a relationship with Trey who regularly stays with her and the children. Gemma does not get on with Trey, although he has a good relationship with Leo. Gemma finds that Trey is very critical of her and always spoils Leo, making a great effort to include him, to the exclusion of Gemma. Gemma has tried to talk to her mother but feels that Deanna takes Trey’s side.
Gemma has become very withdrawn lately and her schoolwork is suffering as a result. A few days ago, she left home and went to stay with Max’s sister, her aunt Freda and her husband, Dan. Freda and Dan know how difficult the situation has been and, whilst they have tried to remain neutral for the sake of the children, they are concerned at the effect Deanna’s relationship with Trey is having on Gemma and are happy for her to stay with them for as long as she wishes to.
When Deanna found out where Gemma had gone, she immediately went round to Freda’s house and demanded that Gemma return home. Gemma refused.
You are a trainee solicitor in the firm of Cuthbertson’s Solicitors of 1 Park Row, Leeds LS1 5HN. You are spending part of your training in the Family Department and your principal is Leila Karel. Deanna attends for an appointment with your principal, seeking advice. Following the meeting, your principal asks you to set out the advice you would give to Deanna about the following:
(a) whether Deanna can insist that Gemma returns home to live with her; and
(b) how, and on what principles, the dispute about with whom Gemma is to live will be resolved.
Include in your advice consideration of the factors which the Court will consider in determining what, if any, orders to make.
TOTAL FOR QUESTION 2: 40 MARKS
PLEASE WRITE YOUR ANSWER TO QUESTION 2 HERE:
