Course details
The course is designed as a step-by-step guide for any person who wants to obtain knowledge of the core concepts involved in family law with an applied practical focus.
Programme Aims and Objectives
The aim of this course is to acquaint participants with the fundamental legal concepts that govern family law. The course revolves around an exploration of the legal requirements relating to the formation and dissolution of marriage including a discussion of the differences between annulment, separation and porce agreements, and the recognition of foreign porces in Ireland. In addition the course will include a discussion on issues relating to inheritance rights, pensions, the family home and domestic violence as well as issues relating to the custody and maintenance of children. This course is especially relevant to all legal secretaries, persons employed by the Legal Aid Boards and Citizen Advice Bureaus, as well as people who take a general interest in family law matters in Ireland.
Course Structure
The Diploma on Family Law will be delivered over 10 weeks, one evening per week by a qualified lawyer using the most up to date legal materials. The objective of this course is as a comprehensive introduction for all those who have a particular interest in the area, and as such the course will be delivered from a practical and not an academic perspective.
Assessment
To be awarded the Diploma in Family Law, a student will be required to complete a written assignment (100%).
Programme Content
Family Relationships
The Marital Family, The Non-Marital Family, The effects of the Civil Partnership Act 2010. Constitutional perspectives on the family; the legal position of married/unmarried mothers/ fathers; The Status of Children Act 1987. Legal recognition of modern family arrangements and an examination of the new Civil Partnership Act of 2010.
The Formation of Marriage & Nullity
Void and voidable marriages; bars to relief; nullity and the consequences of a decree of nullity.
Separation Agreements
The nature and terms of the separation agreement. Guardianship and custody of children; property matters; maintenance and succession issues etc. Breach of separation agreements and consequences.
Judicial Separation
Judicial separation versus porce. Jurisdiction to grant a judicial separation, the grounds for judicial separation, the effect of a decree of judicial separation and ancillary orders.
Divorce
Jurisdiction to grant porce, the grounds for porce, the effect of a decree of porce, the effect of Brussels II on porce in Ireland. An examination of the ancillary orders – including financial compensation orders, pension adjustment orders and entitlements.
Maintenance, Custody, Access
Maintenance orders, the basis of assessment. Spousal conduct and relationships with third parties. Non-marital children; variation; lump-sum agreements. Enforcement mechanisms i.e. by secured payments, orders for attachment to earnings and orders for committal.
Domestic Violence
Remedies: barring order/interim barring order; protection order; safety order. Entitlement to relief under the Domestic Violence Act 1996.
Child Law
Public Law aspects of child welfare: protection of children in emergencies, emergency care proceedings and providing for children in care.
The Hague Convention on Child Abduction
The impact of the UN Hague Convention on Irish Law. Legal aspects of the removal of children from the jurisdiction; the Child Abduction Act, 1991; the effect of the Brussels II regulations.
Updated on 08 November, 2015Course Location
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