11 June 2015
Level 6
FAMILY LAW
Subject Code L6-7
THE CHARTERED INSTITUTE OF LEGAL EXECUTIVES
UNIT 7 – FAMILY LAW*
Time allowed: 3 hours plus 15 minutes reading time
Instructions to Candidates

You have FIFTEEN minutes to read through this question paper before the start of
the examination.

It is strongly recommended that you use the reading time to read the
question paper fully. However, you may make notes on the question paper or in
your answer booklet during this time, if you wish.

All questions carry 25 marks. Answer FOUR only of the following EIGHT
questions. The question paper is divided into TWO sections. You MUST
answer at least ONE question from Section A and at least ONE question from
Section B.

Write in full sentences – a yes or no answer will earn no marks.

Candidates may use in the examination their own unmarked copy of the
designated statute book: Blackstone’s Statutes on Family Law 2014-2015,
23rd edition, M Oldham, Oxford University Press, 2014.

Candidates must comply with the CILEx Examination Regulations.

Full reasoning must be shown in answers. Statutory authorities, decided cases and
examples should be used where appropriate.
Information for Candidates

The mark allocation for each question and part question is given and you are advised
to take this into account in planning your work.

Write in blue or black ink or ballpoint pen.

Attention should be paid to clear, neat handwriting and tidy alterations.

Complete all rough work in your answer booklet. Cross through any work you do not
want marked.
Do not turn over this page until instructed by the Invigilator.
* This unit is a component of the following CILEx qualifications: LEVEL 6 CERTIFICATE IN LAW, LEVEL 6
PROFESSIONAL HIGHER DIPLOMA IN LAW AND PRACTICE and the LEVEL 6 DIPLOMA IN LEGAL
PRACTICE
Page 1 of 8
BLANK PAGE
Page 2 of 8
SECTION A
(Answer at least one question from this section)
1.
Critically analyse the influences, implications and requirements of the Gender
Recognition Act 2004.
(25 marks)
2. ‘The first and fundamental question which must always be resolved is
whether, independently of any inference to be drawn from the conduct of the
parties in the course of sharing the house as their home and managing their
joint affairs, there has, at any time prior to acquisition, or exceptionally at
some later date, been any agreement, arrangement or understanding
reached between the parties that the property is to be shared beneficially.’
Lord Bridge in Lloyds Bank v Rossett (1990)
Evaluate Lord Bridge’s comments with reference to property rights for
cohabitants when a relationship breaks down.
(25 marks)
3. (a) Critically analyse the nature and application of the ‘balance of harm test’
under s.33 Family Law Act 1996.
(12 marks)
(b) Evaluate the circumstances in which a marriage can be annulled as a
result of failure to consummate it.
(13 marks)
(Total: 25 marks)
4. (a) Analyse the following statement with reference to case law and any
proposals for reform:
Cohabitation contracts were once considered to be contrary to public
policy. Although this is no longer the case, they do remain a challenge to
the English courts, and reform is overdue.
(12 marks)
(b) Explain, with reference to a civil partnership, whether Wilkinson v
Kitzinger (2006) is still good law following the introduction of recent
legislation.
(13 marks)
(Total: 25 marks)
Turn over
Page 3 of 8
SECTION B
(Answer at least one question from this section)
Question 1
Tanya and Andrew, aged 48 and 49 respectively, married in June 2013, having
been in a long-term relationship for 14 years. They have two children, Peter aged
seven and Megan aged four. Tanya is a housewife; Andrew is an airline pilot.
Andrew works away from home, undertaking a lot of the long-haul flights. He has
always insisted on having ‘his own life’ despite being married, so even when he is
at home, he spends three nights a week socialising with work colleagues. He also
has four golf holidays each year with his friends. Andrew spends very little time
with Tanya and the children. Andrew has very little involvement in the children’s
school lives, after-school activities and family celebrations. Tanya has taken the
children on holiday for the last two years on her own.
Andrew will not allow Tanya to obtain a part-time job or to attend night school to
study. Andrew limits the time that Tanya spends with her friends. He leaves her
lists of tasks to undertake in the house and garden.
Tanya is extremely upset and lonely, and when she has
with Andrew he has become aggressive, calling her
saying she should be grateful that he supports her.
independent. She relies on the housekeeping money
provides.
attempted to discuss this
a ‘lazy housewife’, and
Tanya is not financially
each week that Andrew
Recently, whilst taking Andrew’s suit to the dry cleaners, Tanya found a ladies
bracelet in one of the pockets. When she questioned Andrew about this, he said
he had been having an affair with one of his work colleagues for four months.
Tanya has now moved into the spare room. Tanya wants to divorce Andrew.
Andrew has told Tanya that she had better find a job soon because he will no
longer support her. Tanya is anxious about how she is going to manage
financially at the current time.
Tanya wants to divorce Andrew, but is worried about financial support in the
intervening period.
Advise Tanya.
(25 marks)
Page 4 of 8
Question 2
Richard, aged 40 years, owns an employment consultancy business, and lives in
Lincoln. Six years ago, at an office party, he had a brief sexual encounter with
his personal assistant, Georgia, aged 26 years, which resulted in Georgia
becoming pregnant. Georgia resigned from her post as she found the whole
situation embarrassing.
Georgia and Richard remained on reasonable terms, and Richard provided some
financial support throughout the pregnancy. He also attended the pregnancy
scans, and was present for the birth of their son, Lewis, who is now five years of
age. Georgia did not put Richard’s name on the birth certificate because she
wanted to see his level of commitment. Richard has, since the birth of Lewis,
visited him regularly. Lewis now stays with Richard from Friday evening until
Sunday evening each week, and he also sees him on Wednesday evening.
Richard and Lewis have a strong bond. Despite this, Georgia makes all the
decisions relating to Lewis without consulting Richard.
Georgia resides in Lincoln in a two-bedroom property, and is a part-time school
receptionist. Georgia has been in a relationship with Nathan, a plumber, for 12
months. Nathan has a good relationship with Lewis. Nathan has recently been
offered a lucrative plumbing contract in Dubai, with accommodation and benefits,
and wants Georgia and Lewis to go with him. Georgia is excited about the move
and feels it will be a better climate, better environment and will be in the best
interests of Lewis.
Richard does not want Lewis to move to Dubai and is concerned that it will affect
his relationship with his son. This has caused arguments between Georgia and
Richard. Georgia has stated that Richard has no right to object and it is not his
decision.
Richard wants to be involved in the important decisions that are made which
affect Lewis, and he wants to stop Lewis being taken to live in Dubai.
Advise Richard what applications he can make and the likely outcome.
(25 marks)
Turn over
Page 5 of 8
Question 3
Cara entered into a formal civil partnership with her long-term partner, Elizabeth,
five months ago. They had been living together for the previous two years.
Cara's six-year-old daughter, Samantha, from her previous marriage also lives
with them.
They live in the family home, which is in the sole name of Elizabeth.
Cara does not have a paid job. Elizabeth has a high-pressured management
position, with a very good income and benefits. Elizabeth has always been very
secretive about the money, and provides Cara with only housekeeping expenses.
Recently, the pressures of work have been such that Elizabeth works long days,
and into the evenings, so she is rarely at home. The pressure has resulted in her
drinking excessively, causing her to become irritable. Several arguments have
occurred and Cara has felt quite nervous about Elizabeth's shouting and
threatening behaviour.
Two weeks ago, whilst out shopping, Cara saw Elizabeth with a man. She
followed them, and was shocked to see that they were holding hands and
kissing. Cara also overheard a telephone conversation recently in which Elizabeth
said ‘I can't leave her yet, but I will do soon, and don't worry when I do there
will be no money for her, I have made sure of that’.
Cara confronted Elizabeth about this, and Elizabeth admitted that she had been
seeing a work colleague, William, for the last month, and that they had a sexual
relationship. As Cara asked more questions, Elizabeth became extremely
aggressive, and started to verbally abuse her, then pushed her into the wall.
Samantha witnessed the incident and was extremely upset.
Cara left the family home yesterday, and she and Samantha have moved in with
close friends nearby until they find alternative accommodation. Cara does not
want to return to the family home. Elizabeth told her as she left that if she told
anyone about the relationship with William, she would kill her.
Cara wants to end the civil partnership as soon as possible because of Elizabeth's
infidelity.
Cara wants to obtain protection for herself and Samantha from any further
violence or threatening behaviour.
Cara is also concerned that Elizabeth has been hiding assets, and wants to know
if the court will take that into consideration in the financial relief proceedings that
will follow.
Advise Cara on all the issues.
(25 marks)
Page 6 of 8
Question 4
Saara, aged 20, went to Bangladesh with her parents following the death of her
grandmother, to attend the funeral.
Whilst in Bangladesh, after a period of mourning, Saara was informed that
arrangements had been made for her to marry her cousin, Fezan. Although
Saara refused, and her family knew she never wanted an arranged marriage, she
was held by her family, against her will, in Bangladesh.
Saara was threatened with violence by members of her own family if she did not
go ahead with the marriage. Saara was also told that she would never return to
England if she did not go through with the marriage.
On the day of the wedding, Saara was forced to dress for the ceremony, and was
escorted to the ceremony by several family members, who remained next to her
throughout the ceremony, prompting her to consent to the marriage. She was
told she would have to observe her husband's wishes, so she had sexual
intercourse following the marriage. She does not love him and never wanted to
marry him. When they returned to England, they lived with Fezan's parents.
After five months, Saara left and is now staying with a friend. She wants to end
the marriage.
Saara is also concerned that her sister Haseena, who is 18 years of age, may be
forced into the same arrangement, particularly since she believes that Haseena
will be visiting Bangladesh in a few weeks for another family wedding. Saara
wants to ensure her sister does not go through the same experience.
(a) Advise Saara on whether she can end her marriage.
(17 marks)
(b) Advise Saara what statutory protection is available to her sister, Haseena,
who may be subject to the same experience.
(8 marks)
(Total: 25 marks)
End of Examination Paper
© 2015 The Chartered Institute of Legal Executives
Page 7 of 8
BLANK PAGE
Page 8 of 8