Fellowship Award
Matrimonial and Civil Partnership Law and Practice
This award is for the paralegal working in their particular department in Legal Practice, Commerce, Industry or the Public Sector department doing work of a specialised or semi-specialised nature. The Fellowship Award means that a paralegal can further add to their specialist knowledge in that particular area of law and/or practice in which they are involved.
Matrimonial and Civil Partnership Law and Practice is also available as a single unit certifcate from our Diploma in Paralegal Studies qualification. The Diploma is for legal staff with no formal training and students new to paralegal work.
Students will be required to show not only a knowledge of the law and the application of that law to problematical questions, but will of necessity be required to show a knowledge of the procedural aspect of matrimonial/family disputes. The syllabus indicates the areas which will be required to be studied and also indicates those areas where practical skills will be necessary. Access to a Law Library or Law texts is essential and the Award involves research. Students will particularly be assessed on their writing ability and their ability to construct/draft relevant pleadings:
Syllabus
Marriage
Agreements to Marry: Law Reform (Miscellaneous Provisions) Act 1970;Ownership of Gifts/present son termination of an engagement; pre-nuptial arrangements/agreements.
The Contract of Marriage: Definition; Capacity; Formalities; Void & Voidable marriages.
Status of Parties:Mutual rights of consortium (sexual intercourse,marital rape, support, maintenance, litigation between spouses, use of surname).
Breakdown: Magistrates Orders; Divorce (grounds, defences, bars);Nullity (grounds, defences); Judicial Separation (grounds)
Civil Partnerships: The Civil Partnership Act 2004, Definition, Capacity, Formalities. Ceremony. Void & VoidableCP.
Status of Partners: Rights - Common Law and Statutory
Breakdown: Dissolution of Partnership; Grounds; Anullment.
Financial Provision: Maintenance Pendente Lite; Financial Provision Orders; Magistrates Court Orders. Property Adjustment Orders.
Ownership of Property: Co-ownership in land law; Constructive Trusts (implied and resulting); Married Woman's Property Act 1882, s17; Matrimonial Causes Act 1973 ss21-25; Married Woman's Property Act 1964; Matrimonial Proceedings & Property Act 1970, s.37; Occupation of the Matrimonial Home (Matrimonial Homes Act 1983; Domestic Violence & Matrimonial Proceedings Act1976).
Children: Legitimacy; Adoption; Guardianship; Wardship; an outline understanding of The Children Act 1989 (Including the Children Act and Local Authorities - s.17, s.20, Care Orders, Supervision Orders, Emergency Protection Orders, Child Assessment Orders and Case Studies); Residence Orders; Contact Orders; Prohibited Steps Orders; Specific Issues Orders;Financial needs of Children; the CPA. Divorce and Dissolution of CP
Undefended/Defendend: Jurisdiction; Taking Instructions; Procedure from Petition/Application to Decree Absolute (No children and with children).
Documentation: Students must be familiar with all the documentation in an undefended divorce and an ancillary relief application and be able to draft them.
Domestic Proceedings
Magistrates Court: Powers; Personal Protection Orders; Exclusion Orders: Financial Provision Orders; Orders relating to Children;Injunctions.
Proceedings: An understanding of the procedure before a Magistrates Court is required.
Ancillary Relief
Orders obtainable: Financial Provision Orders;Periodical Payments Orders;Lump Sum Payment Orders;Property Adjustment Orders;Transfer of Prperty;Settlement of Property; Variation of Settlement;Order for Sale; Avoidance of Disposition Orders
Procedure: The Family Proceedings (Amendment) Rules 1997 & 2004: Steps:Form A (Ancillary Relief); Fixture of First Appointment; Statements of Means and Case; Requests of Further Information; Statements of Issues; First Appointment; Primary Issues; Secondary Issues; Final Dispute Resolution Hearing; Final Hearing is no Agreement
Method of Study
As a distance learning student, you study at home in your own time. Access to a law library or law texts is essential as the award involves research.
Assessment
The Fellowship Award is assessed through three substantial 'work based' assignments / projects of some 5000 words each. There are no time limits involved.
Entry Requirements
One of the following:
Diploma in Paralegals Studies (Level 4/5)
Post Graduate Diploma in Paralegal Practice (Level 7)
Law Degree
ILEX Level 6
Other Equivalent ( please specify)
Cost
The cost of the Award is £350 or deposit of £150 and four monthly payments of £50.
Enrolment Go to Enrolment & Payment or telephone Admissions on 020 3176 0900.
Delivery Policy: Upon receipt of the course fees, or if paying by installments on receipt of the initial payment, the course material is delivered by first
class post or emailed within twenty-one days. Refund / Return / Cancellation Policy: A student can cancel within 10 days of the receipt by them of the
study material supplied and will receive a refund of the full amount paid, less the sum of £25 to cover administration costs, provided that the said study
material is returned in 'as new' condition. No refunds will be made in any other circumstances. Privacy Policy: All financial details (Credit or Debit Card
numbers) are not, and will not be stored by us and will be destroyed as soon as the financial transaction has been completed.
