WARNING.

The format of this question paper was changed due the COVID-19 pandemic and applies to the 2019-20 examinations only.

LA2019 July ZB

Family law

Wednesday 22 July 2020

You will have TWO HOURS AND 45 MINUTES in which to answer the questions,
including 15 minutes reading time. You must answer all parts of a question unless
otherwise stated.

You will have an additional 30 minutes to download the examination paper and to
upload your saved answers to the VLE; this time should be used solely for these
purposes.

You must answer TWO of the following EIGHT questions.

NOTE: Please note the following error in Core Statutes on Family law 2019-20
(Palgrave Macmillan):

‘Section 54A Parental orders: one applicant’ of The Human Fertilisation and
Embryology Act 2008 is missing. You may refer to ‘Section 54A Parental orders:
one applicant’ from pages 5 to 7 of this examination paper for ease of reference
in answering questions.

© University of London 2020

Page 1 of 7
WARNING. The format of this question paper was changed due the COVID-19 pandemic and applies to the 2019-20 examinations only.
1. Ivan and Lola got married earlier this year. They had planned for the
ceremony to take place in Guildham Register Office but due to a storm the
day before the wedding they decided to have the wedding in a tea shop.
Just before Ivan arrived for the ceremony Lola’s father told her that she had
to marry Ivan because otherwise the family would be socially embarrassed.
Lola had always been very keen to marry Ivan. At the time of the ceremony
Ivan was taking prescription drugs for a knee injury and did not really
appear to be following what was happening and just kept nodding when
asked questions.

During the wedding party Ivan’s ex-boyfriend, Donnie, turned up and told
everyone he had caught a sexually transmitted disease from Ivan. Furious,
Lola refused to have sexual intercourse with Ivan. Ivan confessed that he
did have a sexually transmitted disease but does not want to undergo
medical treatment because he feels the treatment is unnecessary. Lola has
just discovered that Ivan is a female to male transsexual who has never
obtained a gender recognition certificate.

Advise Lola as to the validity of the marriage.

How might your answer differ if the marriage ceremony had taken place in
a hot air balloon?

2. Discuss the extent to which current reform proposals to divorce law

demonstrate an ongoing commitment to supporting the institution of
marriage.

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WARNING. The format of this question paper was changed due the COVID-19 pandemic and applies to the 2019-20 examinations only.

3. James and Clara have been married for 35 years. Clara was an
internationally successful ballerina until she retired 10 years ago, and
James is a successful property investor. They married when they were both
20 years old and soon afterwards Clara received a substantial inheritance
from her wealthy family. The couple used the inheritance to purchase the
matrimonial home and to start James’ property business. They have no
children. Throughout their marriage Clara has hosted lavish parties for
James’ clients.

At the time of the wedding Clara’s family insisted James sign a pre-marital
agreement which stated that in the event of a divorce both parties would
leave the marriage with the property they had at the time of the marriage.
James signed this agreement.

The marriage has been a happy one but recently James discovered he is
gay. Although no extra-marital relationship has been entered into by either
party Clara has indicated that she cannot live with James now he has
indicated his true sexuality.

During the marriage the couple has accrued substantial assets. James has
a pension fund worth £5 million and the matrimonial home is now worth £3
million. James has also purchased a range of fine art with the proceeds of
his significant investments over the years. This fine art is collectively valued
at £4 million. Additionally, Clara inherited jewellery, worth £800,000, from
her mother.

Clara has now decided she wants to divorce James and wants to be
compensated for her efforts during their marriage. She is uncertain whether
the pre-marital agreement would be valid in the circumstances.

Advise Clara.

4. ‘The law on domestic violence and abuse unduly favours the proprietary
interests of perpetrators over the personal safety of victims.’

Discuss.

5. ‘All parents, and only parents, should have parental responsibility.’

Discuss.

Page 3 of 7
WARNING. The format of this question paper was changed due the COVID-19 pandemic and applies to the 2019-20 examinations only.

6. Penny and Stuart are married and have two children, Belinda, aged 14, and
Chaz, aged four. Their marriage has come to an end. Penny wants both
children to live with her, while Stuart wants them to live with him.

Belinda says she wants to live with Stuart because he, unlike Penny, is very
relaxed about how much time she spends on her phone and does not police
her internet use. Belinda also gets on very well with her grandmother, Elsie
(Stuart’s mother) and is worried if she lives with Penny, she may not be
able to see Elsie.

Chaz says he likes Stuart best but that he does not like Rob, Stuart’s new
boyfriend. Stuart is worried that Penny is overweight and will not ensure
that Chaz has a healthy diet. He is also worried that Penny is a strong
atheist and may force the children to adopt atheism. Penny is concerned
that Chaz will be teased at school if he lives with Stuart and Rob.

Penny, Belinda and Stuart cannot resolve their disagreements. Consider

what applications they may make and what orders a court might make.

7. Guildham local authority is concerned about three children in their area.

They seek your advice as to their responsibilities and what applications
they could make to court in respect of each of the following children:

(a) Mary, aged 12, who has been taught by her parents that girls are
inferior to boys and that she must obey adults, without question.
Mary is doing well at school and is healthy, but Guildham local
authority are concerned that these beliefs make her vulnerable.

(b) Tom, aged six, whose doctor has said there is a good chance he
has suffered sustained sexual abuse. Tom lives with his mother,
Ursula. She has a full-time job and Tom is occasionally looked after
by his grandfather (Vernon) or a neighbour (Walter). Ursula, Vernon
and Walter all deny abusing Tom. Tom refuses to talk about the
possible abuse.

(c) Bethany, age nine, whose teachers are worried because she comes
to school in dirty clothes and very hungry. Bethany’s parents, Chau
and Dina, say they are too poor to afford enough clothes or food.
Guildham local authority believe that Chau and Dina spend most of
their money on alcohol.

8. ‘Special guardianship should replace adoption as the primary means for

arranging long-term care for children.’

Discuss.

END OF PAPER

Page 4 of 7
WARNING. The format of this question paper was changed due the COVID-19 pandemic and applies to the 2019-20 examinations only.

Changes to legislation: There are currently no known outstanding effects for the Human
Fertilisation and Embryology Act 2008, Section 54A. (See end of Document for details)

Human Fertilisation and

Embryology Act 2008
2008 CHAPTER 22

PART 2

PARENTHOOD IN CASES INVOLVING ASSISTED REPRODUCTION

Parental orders

[F154A Parental orders: one applicant

(1) On an application made by one person (“the applicant”), the court may make an order
providing for a child to be treated in law as the child of the applicant if—
(a) the child has been carried by a woman who is not the applicant, as a result of
the placing in her of an embryo or sperm and eggs or her artificial
insemination,
(b) the gametes of the applicant were used to bring about the creation of the
embryo, and
(c) the conditions in subsections (2) to (8) are satisfied.
(2) Except in a case falling within subsection (11), the applicant must apply for the order
within the period of 6 months beginning with the day on which the child is born.
(3) At the time of the application and the making of the order—
(a) the child’s home must be with the applicant, and
(b) the applicant must be domiciled in the United Kingdom or in the Channel
Islands or the Isle of Man.
(4) At the time of the making of the order the applicant must have attained the age of 18.
(5) The court must be satisfied that both—
Page 5 of 7
WARNING. The format of this question paper was changed due the COVID-19 pandemic and applies to the 2019-20 examinations only.
(a) the woman who carried the child, and
(b) any other person who is a parent of the child but is not the applicant (including
any man who is the father by virtue of section 35 or 36 or any woman who is
a parent by virtue of section 42 or 43),
have freely, and with full understanding of what is involved, agreed unconditionally
to the making of the order.
(6) Subsection (5) does not require the agreement of a person who cannot be found or is
incapable of giving agreement; and the agreement of the woman who carried the child
is ineffective for the purpose of that subsection if given by her less than six weeks
after the child’s birth.
(7) The court must be satisfied that no money or other benefit (other than for expenses
reasonably incurred) has been given or received by the applicant for or in consideration
of—
(a) the making of the order,
(b) any agreement required by subsection (5),
(c) the handing over of the child to the applicant, or
(d) the making of arrangements with a view to the making of the order,
unless authorised by the court.
(8) An order relating to the child must not previously have been made under section 54
or this section, unless the order has been quashed or an appeal against the order has
been allowed.
(9) Section 54(9) applies for the purposes of an application under this section.
(10) Subsection (1)(a) applies whether the woman was in the United Kingdom or elsewhere
at the time of the placing in her of the embryo or the sperm and eggs or her artificial
insemination.
(11) An application which relates to a child born before the coming into force of this section
may be made within the period of six months beginning with the day on which this
section comes into force.]

Textual Amendments
F1 S. 54A inserted (3.1.2019) by The Human Fertilisation and Embryology Act 2008 (Remedial)
Order 2018 (S.I. 2018/1413), arts. 1(1), 2(5)

Modifications etc. (not altering text)

C1 S. 54A applied (with modifications) by S.I. 2015/572, reg. 18A (as inserted (3.1.2019) by The
Human Fertilisation and Embryology Act 2008 (Remedial) Order 2018 (S.I. 2018/1413), art.
1(1), Sch. 2 para. 14)

Page 6 of 7
WARNING. The format of this question paper was changed due the COVID-19 pandemic and applies to the 2019-20 examinations only.

Changes to legislation:
There are currently no known outstanding effects for the Human Fertilisation and
Embryology Act 2008, Section 54A.

Page 7 of 7