CILEx L3 Family Law 3

Question 1

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

Accepted Answer

Matrimonial Causes Act 1973

Answer

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

Question 2

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

Accepted Answer

The yardstick of equality

Answer

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 3

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

Accepted Answer

Ending financial ties between former spouses as soon as practicable

Answer

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 4

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

Accepted Answer

Family Law Act 1996

Answer

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 5

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

Accepted Answer

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

Answer

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.

CILEx Level 3 Practice Test

CILEx Level 3 Practice Test

CILEx L3 Family Law 3