Family Law — Overview

Publications

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2013

J J W Herring, 'A Lost Cause' (2013) 17 May 2013 New Law Journal [...]

A discussion of whether unmarried cohabitants are discriminated against if treated unlike married couples


L Ferguson, 'Arbitration in Financial Dispute Resolution: The Final Step to Reconstructing the Default(s) and Exception(s)?' (2013) 35 Journal of Social Welfare and Family Law 115 [...]

DOI: 10.1080/09649069.2013.774757

In this article, I argue for caution in embracing family arbitration as a new form of private ordering for resolving parties’ financial disputes. I explain that family arbitration may be more successful than other forms of private ordering and final court hearings in enabling certain types of parties to resolve certain types of disputes. I consider why family arbitration may not become numerically significant despite its potential benefits, but may be much more important in normative terms. Lawyer-led negotiations remain the most common form of out-of-court resolution and constitute the de facto default form of bargaining in the shadow of the normative regime framed by ss 23-25 Matrimonial Causes Act 1973. Together with the transformation in approach to nuptial agreements, family arbitration may mark a normative shift towards autonomy and private ordering. I question whether this is a desirable step for family law, at least before we have resolved the underlying policy debate.


J J W Herring, Caring and the Law (Hart 2013) [...]

This book explores at a theoretical and practical level the law's interaction with caring.


J J W Herring, 'Family Law' in All England Law Review 2012 (Butterworths Lexis Nexis 2013)

J J W Herring, Family Law: Questions and Answers, 2nd ed (Pearson 2013)

Courses

The courses we offer in this field are:

Undergraduate

FHS - Final Year (Phase III)

The degree is awarded on the basis of nine final examinations at the end of the three-year course (or four years in the case of Law with Law Studies in Europe) and (for students who began the course in October 2011 or later) an essay in Jurisprudence written over the summer vacation at the end of the second year. Note: the Jurisprudence exam at the end of the third year is correspondingly shorter. This phase of the Final Honour School includes the first and second term of the final year; the Final Examinations are taken in the third term of the final year.

Family Law

The emphasis of this course is on current law as it relates to family matters, but this is placed within the historical, social and economic context in which it operates and the policy issues under debate.

Since marriage is an important institution affecting the legal provisions relating to the family, the law relevant to entering marriage is covered, and, by implication, the law of nullity, which illustrates many of the policy concerns of marriage law itself. The law of divorce remains a central part of the course, although it should be pointed out that legal complexity has now shifted away from issues pertaining to the dissolution of the marriage to those surrounding the financial and property consequences of this. However, attention now has to be paid to the basic institutional structure of the system by which divorces are granted, which requires some consideration of matters which are not usually considered ‘technical law”, but which are of great importance to the legal process, such as the place which mediation or conciliation has within the system. The social effects of the divorce system are also considered.The examination of the way in which financial and property consequences of divorce are legally handled involves a relatively extensive examination of recent case law. Property law is also relevant outside the divorce context when the special position of husband and wife who have interests in items of property is considered. However, the legal consequences of relationships outside marriage are also dealt with, a part of the course which brings particular focus to areas of law covered elsewhere, especially trusts, property and contract.

The legal position of parents and children has been significantly re-structured by the Children Act 1989 which is now the major controlling statute covering arrangements regarding children after parental divorce and the powers and duties of local authorities concerning children. But the law relating to children also covers assisted reproductive techniques.

Although the syllabus does not extend to the law of succession generally, the protection of family members on the death of one of their number is within its scope.

Apart from the usual legal textbooks, students are expected to read or use some materials from the social sciences and a range of governmental publications, especially Law Commission reports. Much of the law is statutory in origin, but these are mostly post 1969 statutes.

Diploma in Legal Studies

Family Law

The emphasis of this course is on current law as it relates to family matters, but this is placed within the historical, social and economic context in which it operates and the policy issues under debate.

Since marriage is an important institution affecting the legal provisions relating to the family, the law relevant to entering marriage is covered, and, by implication, the law of nullity, which illustrates many of the policy concerns of marriage law itself. The law of divorce remains a central part of the course, although it should be pointed out that legal complexity has now shifted away from issues pertaining to the dissolution of the marriage to those surrounding the financial and property consequences of this. However, attention now has to be paid to the basic institutional structure of the system by which divorces are granted, which requires some consideration of matters which are not usually considered ‘technical law”, but which are of great importance to the legal process, such as the place which mediation or conciliation has within the system. The social effects of the divorce system are also considered.The examination of the way in which financial and property consequences of divorce are legally handled involves a relatively extensive examination of recent case law. Property law is also relevant outside the divorce context when the special position of husband and wife who have interests in items of property is considered. However, the legal consequences of relationships outside marriage are also dealt with, a part of the course which brings particular focus to areas of law covered elsewhere, especially trusts, property and contract.

The legal position of parents and children has been significantly re-structured by the Children Act 1989 which is now the major controlling statute covering arrangements regarding children after parental divorce and the powers and duties of local authorities concerning children. But the law relating to children also covers assisted reproductive techniques.

Although the syllabus does not extend to the law of succession generally, the protection of family members on the death of one of their number is within its scope.

Apart from the usual legal textbooks, students are expected to read or use some materials from the social sciences and a range of governmental publications, especially Law Commission reports. Much of the law is statutory in origin, but these are mostly post 1969 statutes.

Postgraduate

MJur

Our taught postgraduate programme, designed to serve outstanding law students from civil law backgrounds.

Family Law (also part of the BA course)

The emphasis of this course is on current law as it relates to family matters, but this is placed within the historical, social and economic context in which it operates and the policy issues under debate.

Since marriage is an important institution affecting the legal provisions relating to the family, the law relevant to entering marriage is covered, and, by implication, the law of nullity, which illustrates many of the policy concerns of marriage law itself. The law of divorce remains a central part of the course, although it should be pointed out that legal complexity has now shifted away from issues pertaining to the dissolution of the marriage to those surrounding the financial and property consequences of this. However, attention now has to be paid to the basic institutional structure of the system by which divorces are granted, which requires some consideration of matters which are not usually considered ‘technical law”, but which are of great importance to the legal process, such as the place which mediation or conciliation has within the system. The social effects of the divorce system are also considered.The examination of the way in which financial and property consequences of divorce are legally handled involves a relatively extensive examination of recent case law. Property law is also relevant outside the divorce context when the special position of husband and wife who have interests in items of property is considered. However, the legal consequences of relationships outside marriage are also dealt with, a part of the course which brings particular focus to areas of law covered elsewhere, especially trusts, property and contract.

The legal position of parents and children has been significantly re-structured by the Children Act 1989 which is now the major controlling statute covering arrangements regarding children after parental divorce and the powers and duties of local authorities concerning children. But the law relating to children also covers assisted reproductive techniques.

Although the syllabus does not extend to the law of succession generally, the protection of family members on the death of one of their number is within its scope.

Apart from the usual legal textbooks, students are expected to read or use some materials from the social sciences and a range of governmental publications, especially Law Commission reports. Much of the law is statutory in origin, but these are mostly post 1969 statutes.


People

Family Law teaching is organized by a Subject Group convened by:

Lucinda Ferguson: University Lecturer in Family Law

in conjunction with:

Jonathan Herring: Professor of Law
Rachel Taylor: Lecturer

Also working in this field, but not involved in its teaching programme:

Stephen Cretney: Retired. Formerly Senior Research Fellow at All Souls
Ruth Deech: Chairman, Bar Standards Board, 2009-
Crossbench Peer
Clara Feliciati: DPhil Law student
Rob George: British Academy Postdoctoral Fellow
Mavis Maclean: Senior Research Fellow, Department of Social Policy
Jan Peter Schmidt: Max Planck Fellow
Lei Shi: Academic visitor: Lecturer, Applied Law School, Southwest University of Political Science and Law
Richard Tur: Retired. Formerly CUF Lecturer


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