WARNING.

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

LA2019 July ZA

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 6 to 8 of this examination paper for ease of reference
in answering questions.

© University of London 2020

Page 1 of 8
WARNING. The format of this question paper was changed due the COVID-19 pandemic and applies to the 2019-20 examinations only.
1. Aurora and Boris got married in Averley Anglican Church earlier this year.
At the time of the ceremony the priest, Colm, was unable to conduct the
ceremony because he had been struck by a sickness bug. As a result, his
identical twin, Deren, who is a schoolteacher, officiated and none of the
guests realised that Colm was absent. At the time of the ceremony Eva had
wanted to object to the marriage believing Boris was already married to her
but was unable to gain entry into the church because the door had been
closed in such a way that it could only be opened from the inside.

At the time of the marriage Aurora was actually in love with Gareth but
married Boris because her family said that they would punish her if she did
not marry Boris.

Just before the wedding Boris discovered he was impotent and, therefore,
the couple has been unable to have sexual intercourse. Boris has just
discovered that when he married Aurora, she was pregnant with Gareth’s
child.

Advise Boris as to the validity of the marriage.

How might your answer differ if Boris was not impotent but he believed it
was better to wait for four years after marrying Aurora before engaging in
sexual intercourse with her because only then would he truly know Aurora
and be able to commit to her completely?

2. ‘It is now time to make no-fault divorce the default position in law.’

Discuss.

Page 2 of 8
WARNING. The format of this question paper was changed due the COVID-19 pandemic and applies to the 2019-20 examinations only.
3. Nora and Ben have been married for 15 years. Nora is a successful inventor
and ten years ago one of her inventions earned £3 million. Ben had a
successful IT business at the time but Nora persuaded him to give it up so
they could enjoy their married life without having to work.

Nora has been having an affair with Jason, her yoga teacher, for the past
year and they have recently decided to get married. Ben has also been
unfaithful on three occasions in the past ten years, the most recent being
two years ago, but each time Nora indicated that they should remain
married for the sake of their two children. These children are now aged 14
and 12 and both parents have looked after them equally since birth.

Over the past six months Nora has invented a new device which has earned
her £2 million. She has not told Ben about this income and has told Jason
they can enjoy this money when they are married.

The matrimonial home is worth £3 million and Ben has a private pension
fund of £850,000.

Ben does not wish to divorce Nora; he wishes to stay in the matrimonial
home and look after the children until they go off to university. Nora wants
a divorce but does not wish to leave the home. Nora does not mind if Ben
wishes to look after the children.

Advise Nora on how she might obtain a divorce and what financial orders
might be made in these circumstances.

4. ‘The current law on domestic violence and abuse fails to adequately

support the interests of the victims it is supposed to protect.’

Discuss.

5. To what extent does the concept of parenthood enable the law to answer
the key question: who is a parent?

Page 3 of 8
WARNING. The format of this question paper was changed due the COVID-19 pandemic and applies to the 2019-20 examinations only.
6. Piers Smith and Davina Jones married 18 years ago. They divorced ten
years ago. Davina changed her name to Davina Smith on marriage but
reverted to being called Davina Jones after the divorce was final. The
couple have three children, Holly aged 11, Yuri aged 13 and Maria aged
15. Whilst the children have always lived with Davina, they have regularly
spent time with Piers. They live in the south of the UK. Davina has recently
indicated that she needs to relocate to the north of the UK to look after her
elderly mother. She wishes to take all three children with her.

Piers is very upset at the prospect of this relocation, but Davina has
indicated she has no choice and he needs to accept it. Recently he has
become very angry when the children have visited and has threatened
abuse to Davina when she collects the children.

Meanwhile Maria has indicated that rather than relocate she wishes to
undergo gender reassignment surgery and be known as Mario. Neither
Piers nor Davina support this. Holly and Yuri have indicated that because
their father has been horrible to their mother, they do not wish to see him
and want to change their surnames from Smith to Jones.

Advise Davina.

How might your answer differ if: (a) Piers and Davina were never married
and (b) Davina’s mother lived overseas?

Page 4 of 8
WARNING. The format of this question paper was changed due the COVID-19 pandemic and applies to the 2019-20 examinations only.
7. Olivia and Trevor are unmarried and have two children, Simon, aged 3, and
Iris, aged 5. Olivia also has a daughter from a previous relationship, Emily,
who is 11 years old. Olivia is now pregnant with a fourth child

Emily’s schoolteacher has recently contacted the local authority because

Emily appears to be behaving in a way that is disruptive in class and she
is often subject to periods of short-term exclusion from school. Emily also
appears to be self-harming and when challenged she has said that she is
very clumsy.

Yesterday, Olivia took Simon and Iris with her when she went to see her
midwife and the midwife noticed that both children had extensive bruising
on their arms and legs. They also looked malnourished. When asked about
these bruises Olivia said the children were “accident prone”. The midwife
suspects these injuries are non-accidental and has contacted the local
authority to raise her concerns.

Last night, a neighbour contacted the police because he thought Trevor

was dealing drugs in his back garden. When questioned, Trevor said he
had simply been giving a friend some money back that he owed him.

The local authority now wishes to undertake a full assessment of the

children. They are also concerned about the welfare of Olivia’s unborn
child.

The family has come to the local authority’s attention before, but no action
has ever been taken regarding the children because Olivia always
convinced the social workers that she was able to care for her children.
Trevor has historic convictions for low-level theft and drug use. Both
parents work full-time and the children are often looked after by Janice, a
local childminder.

Advise the local authority.

How might your answer differ if, when challenged, Olivia and Trevor agree
to their children being looked after by the local authority until after Olivia
has given birth?

8. ‘The law on adoption encourages a transplant model of children being

moved from their birth family to their adoptive family. This model is not fit
for purpose.’

Discuss.

END OF PAPER

Page 5 of 8
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—
(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

Page 6 of 8
WARNING. The format of this question paper was changed due the COVID-19 pandemic and applies to the 2019-20 examinations only.
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 7 of 8
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.