Alternative Assessment 2 – Family Law
Answer all questions
Part 1
1. Explain three situations where a marriage or a civil partnership can be void or voidable. Please fully explain all your examples citing case law and authority where necessary.
Part 2
Case Study
Kerry Ann is married to Darren for two years. Kerry Ann explains to you that Darren is a horrible man and he has been exceptionally violent towards her and their one-year old daughter, Hayley.
Kerry Ann sees no future for their marriage and wishes to divorce Darren, but she worries that she will have to leave the house they are currently living. The house has been purchased by the couple soon after they got married. Darren already wants Kerry Ann out the house together with their daughter as he “could not cope with them being there”.
Questions:
1. With reference to legal authority, outline the grounds of divorce in Scotland.
2. Advise Kerry Ann regarding the grounds she has to divorce Darren.
3. Advise Kerry Ann of her rights regarding the house. Would she have to move out of the house?
4. Advise Kerry Ann regarding Darren’s financial responsibilities towards her and their daughter.
5. Citing relevant legislation, explain to Kerry the rights and the responsibilities she and Darren have towards Hayley.
6. Kerry Ann wishes to obtain full custody over their daughter while she wants Darren to see Hayley in a contact centre due to his aggressive behaviour. Is this an option?
7. In making any decision about Hayley’s residence, what principles would a court have to take into account?
Part 3
Case Study
Amanda and Ricky are not married, but have been together for six months. Amanda is now pregnant and due to give birth in four months. Amanda has now decided she wants nothing more to do with Ricky and has threatened that their child will have nothing to do with him. Ricky is concerned and has come to you for advice.
Questions:
1. Where the parents are unmarried who has automatic parental rights and responsibilities over the children?
2. Explain to Ricky how he can be legally recognised as the father of Amanda’s child.
