THIS PAPER IS NOT TO BE REMOVED FROM THE EXAMINATION HALLS

UNIVERSITY OF LONDON LA2019 October

LLB
DIPLOMA IN THE COMMON LAW
BSc DEGREES WITH LAW

Family law

Monday 22 October 2018: 10.00 – 13.15

Candidates will have THREE HOURS AND FIFTEEN MINUTES in which to

answer the questions.

Candidates must answer FOUR of the following EIGHT questions.

Candidates must answer all parts of a question unless otherwise stated.

Permitted materials
Students are permitted to bring into the examination room the following
specified document: one copy of Core Statutes on Family Law (Palgrave
Macmillan).

© University of London 2018

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1. ‘If couples choose not to marry, the law should not force the obligations
of marriage on them.’

Do you agree? Give your reasons.

2. James and Elaine met in 1990 whilst Elaine was a successful accountant
and James was studying to become a doctor. During this time Elaine
supported James through his studies and they agreed when they
married in 1994 that Elaine would give up work to look after their children
who were born in 1995 and 1996. The couple have lived in a house
inherited from James’ aunt since 2000 which is now worth £1.5 million
and they have a holiday home in Italy worth £250,000. Elaine also
expects to inherit a house from her elderly mother which is worth
£800,000.

Elaine returned to work in 2012 as an accountant but was unable to

return to the same level due to technological advances in the workplace.
The couple then decided that as the household could manage easily on
James’ significant salary, Elaine would engage in charity work.

James has become increasingly close to Keith, another doctor at his

workplace. Keith recently told Elaine that he and James have been
having a relationship for two years. Elaine is devastated and wants to
divorce James but is worried about her future financial position. She is
also concerned that James has always been very secretive about
financial matters and does not think that any settlement would be based
on a true reflection of his assets. James now earns £250,000 per year.

Advise Elaine on the financial consequence of their divorce.

How would your answer differ if in 1994 Elaine had signed an agreement
requested by James’s family to say that should the couple divorce she
would make no claim on James’ assets which she was happy to sign
because of her financial position at the time?

3. ‘Given the ease with which a divorce can be obtained, any calls for
reform to the law are unnecessary.’

Do you agree? Give your reasons.

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4. Lisa and Ruth have lived together since 2010 in a house owned by Lisa.
Ruth has a daughter Jessica, aged 10, from a previous relationship who
lives with them. Ruth and Lisa have always had an intense relationship,
frequently arguing but always reconciling. In 2014 Ruth lost her job and
became depressed. She then started to become suspicious of Lisa’s
behaviour. Ruth would often check how many miles Lisa travelled in her
car (believing Lisa was being unfaithful) and often became angry if Lisa
returned from work late.

Ruth has also become obsessed with Inge, a woman she met last year
at a local café. Ruth and Inge had a brief relationship but Inge ended it
six months ago because she was unhappy with Ruth’s behaviour. Ruth
struggled to accept this and often loiters outside Inge’s flat and place of
work and sends text messages to her on a daily basis. Inge has
increasingly become worried about how obsessive the texts sound. Ruth
also continues to monitor Lisa’s car mileage and she demands that Lisa
empty her purse every evening to check what Lisa has spent money on
that day. Lisa has agreed to this in order to keep the house calm for
Jessica.

Last week Jessica, angry with Ruth, told Lisa about Ruth’s past
relationship with Inge. Lisa and Ruth then had a violent argument where
both parties struck each other. Lisa was injured and required hospital
treatment. Lisa has decided she wants Ruth to leave the house because
she does not want to live with her anymore but Ruth says she will never
leave and Lisa should be ‘careful next time she waits for a bus as she
might fall in front of it’.

Advise Lisa and Inge who are now both frightened of Ruth and for their
safety.

5. ‘Legal parenthood unduly prioritises the status of care givers over

biological truth.’

Discuss.

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6. Victoria and Clive have two children: Niamh aged 13 and Ruby aged 11.
Victoria and Clive have been married for 15 years but have now decided
to divorce. Victoria had assumed the children would live with her after
the divorce but Niamh has indicated she wishes to live with her father.
Ruby has become very upset because her parents are getting divorced.
She has been the target of online bullying where children at her school
post nasty comments about her and when she goes to school the other
children taunt her about her parents’ divorce.

Victoria recently fell in love with Spike and they plan to marry after the
divorce from Clive is final. Victoria has recently joined the Hard Moon
Society of which Spike is also a member. The Society does not agree
with state intervention in life in any way. As a result, Victoria will not
permit a vaccine that may protect Niamh from cancer in the future to be
administered. She has also decided that Ruby will be home-schooled by
Victoria and Spike when they both move to Australia. Victoria also wants
to change the surname of the children to Spike’s surname when they are
married.

Clive wants the children to come and live with him, for Ruby to go to a
different school, and for Niamh to receive the vaccination.

Advise Clive and Victoria as to how the court may resolve their disputes.

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7. Oliver and Harriet have lived together for eight years and have twins Yuri
and Kendra aged seven and a baby, Rose, aged six months. Oliver has
a violent temper and routinely smacks the children when he believes
they have disrespected him. Oliver also routinely tells Harriet she is an
unfit mother because he believes the home is constantly dirty.

Yuri recently got upset at school and when his teacher, Miss Hubbard,
gave him a hug he flinched and Miss Hubbard noticed he was covered
in bruises. Kendra is a very quiet child and has become increasingly
withdrawn and can sometimes be found at school banging her head
against the wall.

Miss Hubbard decided to contact social services last week because she
was concerned about the children’s safety.

A social worker, Verity, visits Harriet at home whilst Oliver is out. She
finds the home conditions are generally satisfactory but can see that
Harriet is struggling with the twins and a young baby. Harriet also
appears to be unwell and slightly withdrawn. Verity then suggests to
Harriet that Yuri and Kendra are taken into temporary foster care whilst
she gets better so she can focus on Rose. Harriet agrees and signs a
form to this effect.

A week later, Oliver demands the return of the twins. Meanwhile Harriet
has said she will continue to work with social services so she can resume
looking after all three children.

Advise Verity.

8. As adoption law has changed beyond recognition since its inception, is

it time for it to be abolished?

END OF PAPER

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