14 January 2016
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
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You have FIFTEEN minutes to read through this question paper before the start of
the examination.
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It is strongly recommended that you use the reading time to read this
question paper fully. However, you may make notes on this question paper or in
your answer booklet during this time, if you wish.
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All questions carry 25 marks. Answer FOUR only of the following EIGHT
questions. This 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.
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Write in full sentences – a yes or no answer will earn no marks.
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Candidates may use in the examination their own unmarked copy of the
designated statute book: Blackstone’s Statutes on Family Law, 2015-2016,
24th edition, M Oldham, Oxford University Press, 2015.
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Candidates must comply with the CILEx Examination Regulations.
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Full reasoning must be shown in answers. Statutory authorities, decided cases and
examples should be used where appropriate.
Information for Candidates
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The mark allocation for each question and part-question is given and you are advised
to take this into account in planning your work.
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Write in blue or black ink or ballpoint pen.
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Attention should be paid to clear, neat handwriting and tidy alterations.
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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.
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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
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137725
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SECTION A
(Answer at least one question from this section)
1.
Critically analyse the influence of the Human Fertilisation and Embryology
Act 2008 (HFEA 2008) on the concept of parentage.
(25 marks)
2.
‘Direct contact would only be possible, if at all, when the child’s fear of her
violent father diminished.’
Re S (Violent Parent: Indirect Contact) (2000).
Evaluate how the courts view contact where there is a history of domestic
violence with reference to the above statement and case law.
(25 marks)
3.
(a)
Analyse whether compensation for economic disadvantage, caused by
the way in which a marriage has been conducted, is a legal principle
or a reality.
(13 marks)
(b)
Examine when a foreign decree of nullity, divorce or judicial
separation will be recognised as valid by the English courts.
(12 marks)
(Total: 25 marks)
4.
(a)
Evaluate the court’s approach to cohabitation contracts and any
proposals for future reform.
(13 marks)
(b)
Critically analyse the provisions of s.5 Matrimonial Causes Act 1973
(MCA 1973).
(12 marks)
(Total: 25 marks)
Turn over
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SECTION B
(Answer at least one question from this section)
Question 1
Paul and Matthew have lived together for four years in a rented property, 4 Old
Street. The tenancy is in their joint names. Paul is an accountant earning
£60,000 per annum. Matthew is a part-time hairdresser earning £5,000 per
annum. Matthew had previously inherited £50,000 following the death of his Aunt
Josie.
Two months ago, the couple purchased a three-bedroomed house, The Glades,
costing £200,000, which was in need of substantial repair. It was intended to be
their ‘perfect’ home for their life together. Matthew used his £50,000 as the full
deposit. Paul has taken out a mortgage for the balance of £150,000 and the
property is in Paul’s sole name. Paul has said, on more than one occasion, that
the property belongs to them both.
While Paul has been working long hours, Matthew has been visiting the property
on a daily basis, knocking down walls, restoring original features, decorating, and
even fitting a new kitchen and bathroom. The house is almost ready for them to
move into.
The strain of long working hours and constant work on a rundown property has
caused arguments between Paul and Matthew. They have decided that the
relationship is not going to work.
Matthew is anxious to remain in the rented property as the sole tenant. He does
not have sufficient income to purchase a property or to buy Paul out of the other
property. He wants Paul to move into the house that has been purchased,
because Paul has more than enough income to pay the mortgage and the bills.
Matthew also wants Paul to arrange to refund him for all the money and work he
has put into the property.
Paul is refusing to leave the rented property. Paul intends to sell The Glades
property for £300,000, rather than live in it, and has told Matthew he is not
entitled to anything from the sale of the house because it is not his house. Paul
also wants Matthew to move out of the rented accommodation at 4 Old Street as
soon as possible.
(a)
Advise Matthew what action he can take to remove Paul from 4 Old Street,
and how the matter will be decided.
(15 marks)
(b)
Advise Matthew of any rights he may have in relation to The Glades.
(10 marks)
(Total: 25 marks)
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Question 2
Henrietta and Simon met while on holiday in Ibiza. They enjoyed a holiday
romance and continued their relationship when they returned home. They are
both aged 35 years. At the time, Simon lived in Newcastle and ran his own
garage business; Henrietta lived in Sheffield and was a secretary at a local
doctor’s surgery.
Despite the distance between them, their relationship continued and they saw
each other every weekend and spoke every night on the telephone. They did not
have a sexual relationship.
Unknown to Simon, Henrietta was in fact a man called Henry. He underwent
gender reassignment, which was completed just before the holiday.
Simon was extremely happy, but his family were concerned that he was rushing
into the relationship. Nevertheless, the couple were married in a short register
office ceremony six months ago. On the wedding night, Henrietta explained that
she still did not feel ready for any type of sexual relationship, and Simon said he
could wait. Henrietta continues to refuse to have a sexual relationship with
Simon, and he is extremely concerned and unhappy. Simon is unaware of the
gender issues with regard to Henrietta.
Recently, Simon and Henrietta have been arguing and have resorted to separate
bedrooms. They go out separately and Simon drinks excessively and then
becomes verbally abusive. He has tried to force himself on Henrietta. Simon has
started to go out more and more, and recently he admitted to Henrietta that he
had had sex with a woman who he met in a bar. On hearing this, Henrietta told
Simon that the reason for the lack of a sexual relationship was because she used
to be a man.
Simon immediately told Henrietta to leave the family home. Both Simon and
Henrietta want to bring the marriage to an end as soon as possible.
Advise both parties.
(25 marks)
Turn over
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Question 3
Zach and Claire, aged 40 and 38 respectively, married in November 2011, after a
brief romance during the summer of 2011. There are no children of the family.
Zach is an entrepreneur, who has made a fortune from the creation of a new
children’s toy, ‘Zachary’s Little Village’. Prior to the marriage, his estimated
fortune was £4 million. He invested the money in shares and policies, and also
purchased a property in Orlando, Florida, currently worth £1 million. He has
several pension plans. His current income is in excess of £50,000 per week.
Claire has always worked in the beauty industry. Prior to the marriage she was a
successful beauty therapist with her own business with an annual profit of
£50,000. The premises she ran her business from were rented.
Prior to the marriage, Zach insisted that they enter into an agreement settling
the finances in the event of the marriage breaking down. Claire did not take
independent legal advice. The parties agreed they would only take from the
marriage what they had brought to it. Each would retain pre-marriage assets,
and they would share post-marriage assets equally.
Following the marriage, Zach insisted that Claire give up her career to look after
the matrimonial home and to host dinner parties for his business associates and
clients. Claire agreed.
During the marriage, Zach and Claire enjoyed a lavish lifestyle, with numerous
holidays, and the ability to spend money without thought. Claire has become
accustomed to her ladies’ lunches, spa days and shopping trips, and she no
longer wishes to work.
The matrimonial home is in the sole name of Zach and is worth £1.4 million and
is free of mortgage.
Zach has been working long hours and has recently told Claire that he has met
another woman, whom he wants to marry. Zach says the marriage is over and
he wants Claire to leave the house within the next month. Zach is relying on their
pre-nuptial agreement in relation to the finances.
Advise Claire on the likely financial provision, based on the considerations the
court will take into account.
(25 marks)
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Question 4
Ivan is a young, dynamic, professional premier league football player with an
annual income of £250,000. He resides in a penthouse flat in south-west London.
In February 2015, Ivan met Olga, a waitress, while on a night out in a bar with
other footballing friends. Ivan and Olga left the bar together, went to Ivan’s
property and had sexual intercourse. They never saw each other again.
In June 2015, Ivan was horrified to be contacted by Olga and told that she was
pregnant with his child. Olga said she wanted him to know about the pregnancy
and to be involved in the baby’s life. Ivan was shocked and admitted that he
never wanted children, and that he wanted to keep this ‘incident’ quiet. He then
told Olga that he did not accept that the child was his and there could be a
number of candidates who could be the father. Olga was extremely upset and
said that if necessary she would get a DNA test to prove he was the father. Ivan
stated that Olga would not get any money from him.
In November 2015, Ivan received a letter from a firm of lawyers, acting for Olga,
asking for a financial contribution to the child, a girl named Belle. They have
confirmed that Olga and the child are willing to undergo the necessary DNA
testing to confirm paternity.
Olga is living in rented accommodation and can no longer work as a waitress due
to Belle’s recent birth. She is unlikely to return to work soon in view of childcare
issues.
Advise Ivan:
(a)
whether he can be forced to pay any money to Olga for the benefit of
Belle under the Children Act 1989 (CA 1989) and, based on case law, the
principles the court will apply;
(18 marks)
(b)
whether he has any parental rights in relation to Belle.
(7 marks)
(Total: 25 marks)
End of Examination Paper
© 2016 The Chartered Institute of Legal Executives
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