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LPC Law Notes Family Notes

Family Introduction Notes

Updated Family Introduction Notes

Family Notes


Approximately 181 pages

A collection of the best LPC Family Law notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through twenty-nine LPC samples from outstanding students with the highest results in England and carefully evaluating each on accuracy, formatting, logical structure, spelling/grammar, conciseness and "wow-factor".

In short these are what we believe to be the strongest set of LPC Family Law notes available in the UK this year. This collection of notes is fully updated...

The following is a more accessible plain text extract of the PDF sample above, taken from our Family Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

Grounds for divorce- Dissolution-> Adultery

Matrimonial Causes Act 1973

The only ground for a divorce or dissolution is S1(1) irretrievable breakdown. (Theoretically no-fault)

5 facts to evidence a marriage has irretrievably broken down:

  1. Adultery (cannot use adultery to prove that a civil partnership has IBM) - and intolerable to live with- 6 months upon discovery of affair(last act of adultery) intolerable to live with (not applicable for same sex affair, even with same sex couple)-> cannot rely on own adultery

  2. Behaviour – O’Neill v O’Neill

  3. Desertion (2 years) – G v G with no intention to return, no communication needed

Beeken v Beeken No just cause- violence or drinking problem- justified to leave

  1. 2 years’ separation with consent – Mouncer v Mouncer no marital conduct even live in same house(Meal arrangement, financial arrangement, social)

  2. 5 years’ separation

Buffery v Buffery- If proved one without the other, divorce decree not granted

List of documents needed for filing a divorce

  • D8 Divorce Petition + Service Copies (3)

  • Original marriage certificate- or certified copy from registrar (need translation if not married in UK)

  • Statement of Reconciliation

  • Court fee or fee exemption form (550 all inclusive fee)


To Myles

  • Correct Tone

  • Explain why using behaviour

  • Draft letter/ petition for prior approval

  • Any sensitive timing issue?

To other party/ lawyer

  • Set the tone for the rest of negotiations

  • Draft petition for approval prior to issue

  • Separate letters for children issues

  • Follow examples of good practice e.g. P.8 Guide to Good Practice



  • Which law will the foreign court apply?

  • does it depend on religion or nationality?

  • might the foreign court apply English law in accordance with Rome III or Article 15 of the EU Maintenance Regulation? If so, how will it establish what English law is?

  • is there a limit on the quantum or duration of maintenance?

  • how is child maintenance dealt with?

  • is conduct taken into account?

  • what approach is taken to pre-owned or inherited property?

  • is the legal ownership of an asset likely to be significant?

  • what weight is given to any nuptial agreement?

  • can the court vary post-nuptial settlements (for example, trusts)?

  • are there clean break powers?

  • What approach is likely to be taken to a party's capital and income needs?

  • Where are the pensions? Can the court make an order against foreign pensions, or indeed any pensions? If not, is there any trade-off?

  • How will the foreign court approach assets held in, and income earned by, a company in which a party has an interest? ie. Pension sharing orders, pre-nuptial agreement

  • What approach does the foreign court take to trust assets and income? Is it likely that these will be considered to be nuptial or non-nuptial?

  • Will the foreign court make inter parties costs orders? Will they be for meaningful amounts?

Enforcement considerations

  • Will the foreign court recognise the marriage or civil partnership and have jurisdiction to deal with dissolution? This is of particular relevance to same sex marriages and civil partnerships.

  • Will a decree of divorce from the foreign jurisdiction be recognised in all countries that it needs to be?

  • Where are the assets? Will the financial orders obtained be enforceable in the jurisdiction where the assets are?

  • What means of enforcement exists in the foreign jurisdiction and how effective and costly are they?

  • If a financial order is made abroad, will the other party still be able to apply to the English court for further financial provision?

  • Can freezing orders or other relevant interlocutory injunctions be obtained in the foreign jurisdiction and enforced?

  • Will foreign recognitions be automatic or require a new set of proceedings in the country where enforcement will take place?

Ancillary considerations

  • Will there be tax or immigration consequences of admitting domicile or residence in a country?

  • Will there be any impact of the choice of jurisdiction (or any orders made) on the parties' wills, inheritances and issues of forced heirship?

  • What impact will a forum dispute have on children, health and well-being of the family as a whole?

Drafting Behaviour Particulars

  • Draft petitioner as first person “I” and respondent as “Respondent”

  • Intro, for example, “Throughout the marriage” or “Since”

  • FACTS in chronological order

  • Select 5-6 ‘more serious incidents’ (including ‘first, worst, last’) as a basis

  • When Where What Who How

  • Try not to be provocative/ hostile

  • Conclusion “As a result (say what happen)”

  • Action do not need to deliberate upset partner

  • Do not criticised role as a parent

Box 7.2- Date Order

  • Emotional impact throughout the marriage

  • Affair plus taunts about others

  • Suspicion of same sex relationship

  • Last- material of an explicit nature


Habitual Residence: centre of activity ie. Tax, property, employment

Domicile: Born with, can change, permanent resident (usually nationality)

Brussels II: (Any EU state other than Denmark)

No 2201/2003 known as Brussels IIa (currently under review by the European Commission). The English courts have jurisdiction to hear a divorce suit only where: (Replace ENGLAND AND WALES for any court you would like to proceed)

(a) both parties are habitually resident in England and Wales; or

(b) both parties were last habitually resident in England and Wales, and one of them still resides there; or

(c) the respondent is habitually resident in England and Wales; or

(d) the petitioner is habitually resident in England and Wales and has lived there for at least a year immediately before the petition is filed; or

(e) the petitioner is domiciled in England and Wales and has been residing in England and Wales for at least six months immediately before the petition is filed; or

(f ) both parties are domiciled in England and Wales; or

(g) if none of (a)–(f ) above applies and no court of another EU State has jurisdiction, either of the parties is domiciled in England and Wales on the date when the...

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