About the Lawcards Series

Family Lawcards Checklist

Chapter 1: Nullity

Chapter 2: Divorce

Ground for divorce
- Irretrievable breakdown
- The Five Facts for Divorce
  1. Adultery
  2. Behaviour
  3. Desertion
  4. Lived apart for a continuous period of at least two years
  5. Lived apart for a continuous period of at least five years
Defences to divorce
- living together for a period of 6 months after the event which forms the basis for the grounds of divorce
- s 5 grave financial hardship (only a defence to s 1(2)(e))
Mediation
The Civil Partnership Act 2004

Chapter 3: Ancillary Relief

Financial provision during marriage
Asset Division Types of Order available
- Property Adjustment Orders
- Financial Orders Periodical Payment vs. Lump Sum
The Clean Break Principle
The s 25 factors for consideration
The Yardstick of Equality Principle – White v White [2000]
Developing case law
Child Maintenance

Chapter 4: Family Homes and Domestic Violence

Non-Molestation Order
- Molestation
- Associated persons
- Threshold criteria
- Section 42A Breach of Non-Molestation Order
Occupation Orders
- Entitled Applicants
- Non-Entitled Applicants
- Caselaw
- Section 47 Power of Arrest
Undertakings
Ex Parte applications and granting criteria

Chapter 5: Children I

Parental Responsibility
- the scope of PR
- who acquires PR?
The Welfare Principle
The Welfare Checklist s 1(3)
Section 8 Orders
- Residence (shared, status quo)
- Contact (direct/indirect)
- Specific issue
- Prohibited steps

Chapter 6: Children II

Section 44 Emergency Protection Orders
Care Proceedings
- Threshold Criteria
- Developing case law re standard of proof and standard of parenting
Effects of a Care Order
Supervision Order
- Supervisor’s duties
Interim Orders
Wardship and Inherent Jurisdiction
Adoption Proceedings