CILEx L3 Family Law — Questions and Answers

Question 1: Under the Matrimonial Causes Act 1973, what is the sole ground for divorce?

Adultery
Unreasonable behaviour
Irretrievable breakdown of marriage (Correct answer)
Desertion for two years

Correct answer: Irretrievable breakdown of marriage

The Matrimonial Causes Act 1973 provides that irretrievable breakdown of the marriage is the single ground for divorce.

Question 2: Which Act introduced 'no-fault' divorce in England and Wales?

Family Law Act 1996
Divorce, Dissolution and Separation Act 2020 (Correct answer)
Matrimonial Causes Act 1973
Civil Partnership Act 2004

Correct answer: Divorce, Dissolution and Separation Act 2020

The Divorce, Dissolution and Separation Act 2020 introduced no-fault divorce, removing the requirement to prove conduct or separation periods.

Question 3: What minimum period of separation (with respondent's consent) could support irretrievable breakdown under the MCA 1973 before the 2020 reforms?

One year
Two years (Correct answer)
Three years
Five years

Correct answer: Two years

Two years' separation with the respondent's consent was one of the five facts capable of proving irretrievable breakdown under the MCA 1973.

Question 4: Which court has jurisdiction to hear divorce proceedings in England and Wales?

Crown Court
Family Court (Correct answer)
County Court
High Court only

Correct answer: Family Court

The Family Court, established by the Crime and Courts Act 2013, has jurisdiction to hear divorce proceedings in England and Wales.

Question 5: Under the Civil Partnership Act 2004, what is the equivalent of divorce for civil partners?

Annulment
Judicial separation
Dissolution (Correct answer)
Nullity

Correct answer: Dissolution

Civil partnerships are ended by dissolution, the legal equivalent of divorce, under the Civil Partnership Act 2004.

Question 6: What does a 'conditional order' (formerly decree nisi) signify in divorce proceedings?

The marriage is finally ended
The court is satisfied the applicant is entitled to divorce but it is not yet finalised (Correct answer)
All financial matters have been resolved
The parties have agreed to reconcile

Correct answer: The court is satisfied the applicant is entitled to divorce but it is not yet finalised

A conditional order means the court is satisfied that grounds for divorce exist but the marriage is not yet dissolved; a final order is still required.

Question 7: Which of the following is NOT a ground for nullity of marriage under the Matrimonial Causes Act 1973?

The marriage was not consummated due to incapacity
Either party was under 16 at the time of marriage
The parties have been separated for five years (Correct answer)
The parties are within the prohibited degrees of relationship

Correct answer: The parties have been separated for five years

Five years' separation is a fact supporting irretrievable breakdown for divorce, not a ground for nullity of the marriage.

Question 8: Under s.1(1) of the Children Act 1989, what is the paramount consideration when a court determines any question regarding a child's upbringing?

The wishes of both parents
The welfare of the child (Correct answer)
Financial stability of the household
The child's nationality

Correct answer: The welfare of the child

Section 1(1) of the Children Act 1989 establishes that the child's welfare is the paramount consideration in proceedings concerning the child's upbringing.

Question 9: What is a Child Arrangements Order under s.8 of the Children Act 1989?

An order placing a child in local authority care
An order regulating with whom a child lives, spends time, or has contact (Correct answer)
An order appointing a guardian for a child
An order restricting a parent's financial obligations

Correct answer: An order regulating with whom a child lives, spends time, or has contact

A Child Arrangements Order under s.8 of the Children Act 1989 regulates with whom a child is to live, spend time, or otherwise have contact.

Question 10: Which principle in s.1(2) of the Children Act 1989 states that delay in resolving proceedings is generally prejudicial to a child's welfare?

The non-intervention principle
The no-delay principle (Correct answer)
The welfare checklist
The paramountcy principle

Correct answer: The no-delay principle

Section 1(2) of the Children Act 1989 establishes the no-delay principle, requiring courts to resolve proceedings without delay as delay is presumed harmful to the child.

Question 11: Who automatically acquires parental responsibility for a child born within a marriage under the Children Act 1989?

The mother only
Both the mother and the married father (Correct answer)
The father only if registered on the birth certificate
Both parents and all four grandparents

Correct answer: Both the mother and the married father

Under s.2 of the Children Act 1989, both the mother and the married father automatically acquire parental responsibility for their child.

Question 12: Which order under s.8 of the Children Act 1989 prevents a person from taking a specific step regarding a child without court permission?

Child Arrangements Order
Specific Issue Order
Prohibited Steps Order (Correct answer)
Supervision Order

Correct answer: Prohibited Steps Order

A Prohibited Steps Order under s.8 of the Children Act 1989 prevents a named person from taking a specific step in relation to a child without court consent.

Question 13: Under s.31 of the Children Act 1989, what threshold must be satisfied before a court can make a care or supervision order?

The child has been neglected for over six months
The child is suffering or likely to suffer significant harm attributable to the care given by the parents (Correct answer)
Both parents have consented to the order
The child has requested local authority intervention

Correct answer: The child is suffering or likely to suffer significant harm attributable to the care given by the parents

The s.31 threshold criteria require proof that the child is suffering, or is likely to suffer, significant harm attributable to the care given by the parents or their being beyond parental control.

Question 14: Under the Children Act 1989, which concept replaced the outdated terms 'custody' and 'access'?

Residence and contact
Guardianship and visitation
Parental responsibility and child arrangements (Correct answer)
Care and control

Correct answer: Parental responsibility and child arrangements

The Children Act 1989 replaced custody and access with the modern concepts of parental responsibility and child arrangements orders.

Question 15: Which Act governs the court's wide discretionary powers to make financial orders on divorce in England and Wales?

Family Law Act 1996
Matrimonial Causes Act 1973 (Correct answer)
Civil Partnership Act 2004
Matrimonial Proceedings Act 1984

Correct answer: Matrimonial Causes Act 1973

Part II of the Matrimonial Causes Act 1973 gives the court its broad discretionary powers to make financial orders on divorce.

Question 16: In White v White [2000], the House of Lords introduced which concept as a check against discrimination in ancillary relief?

The clean break principle
The yardstick of equality (Correct answer)
The compensation principle
The needs-based assessment only

Correct answer: The yardstick of equality

In White v White [2000], the House of Lords introduced the 'yardstick of equality' to ensure neither party received less than an equal share without good reason.

Question 17: What does the 'clean break' principle under s.25A of the Matrimonial Causes Act 1973 seek to achieve?

Ensuring one party retains the matrimonial home
Ending financial ties between former spouses as soon as practicable (Correct answer)
Guaranteeing an equal division of all assets
Preventing a party from remarrying

Correct answer: Ending financial ties between former spouses as soon as practicable

The clean break principle, reflected in s.25A MCA 1973, aims to terminate ongoing financial obligations between parties as soon as it is just and reasonable to do so.

Question 18: Which piece of legislation provides civil remedies for victims of domestic abuse, including non-molestation orders and occupation orders?

Protection from Harassment Act 1997
Family Law Act 1996 (Correct answer)
Domestic Violence, Crime and Victims Act 2004
Children Act 1989

Correct answer: Family Law Act 1996

Part IV of the Family Law Act 1996 provides for non-molestation orders and occupation orders as civil remedies for victims of domestic abuse.

Question 19: What is an occupation order under Part IV of the Family Law Act 1996?

An order forcing a landlord to provide alternative accommodation
An order regulating who may occupy the family home, including excluding a party (Correct answer)
An order for the sale of the matrimonial home
An order granting legal title to the home to one party

Correct answer: An order regulating who may occupy the family home, including excluding a party

An occupation order under the Family Law Act 1996 regulates rights to occupy the family home, and can require a party to leave or exclude them from returning.

Question 20: The Domestic Abuse Act 2021 introduced which new protective measures specifically named for domestic abuse victims?

Domestic Abuse Protection Notices and Orders (DAPNs/DAPOs) (Correct answer)
Non-molestation super-injunctions
Mandatory mediation requirements
Extended restraining orders only

Correct answer: Domestic Abuse Protection Notices and Orders (DAPNs/DAPOs)

The Domestic Abuse Act 2021 introduced Domestic Abuse Protection Notices (DAPNs) and Domestic Abuse Protection Orders (DAPOs) as new targeted protective measures.

Question 21: Under Miller v Miller; McFarlane v McFarlane [2006], the House of Lords identified three rationales for financial awards on divorce. Which of the following is NOT one of them?

Needs
Sharing
Compensation
Punishment (Correct answer)

Correct answer: Punishment

The House of Lords in Miller; McFarlane identified needs, sharing, and compensation as the three rationales — punishment is not a recognised basis for financial awards on divorce.

CILEx L3 Family Law

Under the Matrimonial Causes Act 1973, what is the sole ground for divorce?

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