the chartered institute of legal executives unit 20 ... 20 l6 family practice june 13 for w… ·...

14 June 2013 Level 6 PRACTICE OF FAMILY LAW Subject Code L6-20

THE CHARTERED INSTITUTE OF LEGAL EXECUTIVES

UNIT 20 – PRACTICE OF FAMILY LAW*

Time allowed: 3 hours plus 15 minutes reading time Instructions to Candidates � You have been provided with a clean copy of the case study materials for you to use

in this examination. � You have FIFTEEN minutes to read through this question paper and the case study

materials 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 paper or in your answer booklet during this time if you wish.

� All questions are compulsory. You must answer ALL the questions. � 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 2012-2013, 21st edition, M Oldham, Oxford University Press, 2012.

� 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 ball point 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

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Question 1 Reference: Question relates to Document 2 of the case study materials. Paul Irving attends at the office. He confirms that he wishes to proceed with a divorce and asks you to prepare the paperwork that he will need. He tells you that he has produced a draft of the divorce petition and he hands this to you, (Document A) together with a copy of his marriage certificate (Document B). (a) Advise Mr Irving which fact you think he should rely on for the divorce and

why and what statutory defences, if any, his wife can rely on.

(10 marks) (b) Explain in your answer booklet what amendments you would need to

make to the draft petition prepared by Mr Irving (Document A) and why those amendments are necessary.

(15 marks)

PLEASE WRITE YOUR AMENDMENTS IN YOUR ANSWER BOOKLET, DO NOT AMEND DOCUMENT A.

(Total: 25 marks) Question 2 Reference: Question relates to Document 3 of the case study materials. Naomi Bloomfield makes an appointment to see you to discuss her case. She explains that further to her appointment with Graham she would like you to clarify certain aspects of both the divorce case and finances to her. (a) Mrs Bloomfield asks you to explain the remaining procedure and timescale

before her divorce is finalised, including whether her husband can finalise the divorce and if so how. She also asks you to explain any additional requirements she will need to consider resulting from the Jewish faith.

(6 marks)

(b) In relation to the parties’ finances, applying the factors which the court will

consider, advise Mrs Bloomfield of the types of orders you think the court would make in relation to the former matrimonial home, the parties’ pensions and the parties’ income position.

(24 marks) PLEASE NOTE THAT YOU DO NOT NEED TO DEAL WITH THE AMOUNTS WHICH YOU THINK THE COURT WOULD ORDER.

(Total: 30 marks)

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Question 3 Reference: Question relates to Document 4 of the case study materials. Further to his e-mail to Graham, Stuart Ovenby attends at the office for an appointment with you. (a) Advise Mr Ovenby which section 8 order (Children Act 1989) he can apply

for to resolve the difficulties he is having in seeing his children and the basis on which he is entitled to apply.

(5 marks) (b) Explain to Mr Ovenby the next steps that need to be taken to enable him to make the application to the court.

(5 marks) (c) Assume that Mr Ovenby instructs you to make the application required.

With reference to the factors which the court will consider, discuss whether you think that his application is likely to succeed.

(15 marks)

(Total: 25 marks)

Question 4 Reference: Question relates to Document 5 of the case study materials. Rita White attends at the office to see you today. She tells you that she is very frightened and would like to know about all of her possible options to protect herself from Dale’s violence. (a) Explain to Miss White the availability and appropriateness of the out of

court and statutory options should she not wish to proceed with an application for an injunction under the Family Law Act (FLA) 1996.

(5 marks) (b) Assume that having considered her options, Miss White now wishes to

proceed using the FLA. Using the attached blank form (Document C), draft Form FL401.

IMPORTANT: Write your candidate number clearly on Document C and attach it securely to your answer booklet.

(15 marks) (Total: 20 marks)

Turn over © 2013 The Chartered Institute of Legal Executives

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Candidate No ……………………… Document C (to be used with Question 4)

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the chartered institute of legal executives unit 20 ... 20 l6 family practice june 13 for w… ·...

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