Handbook

In general, Family Law deals primarily with the legal principles, processes and institutions applicable to different types of domestic relationships, especially those arising from marriage and various forms of unmarried cohabitation (heterosexual or same-sex), and those arising between parents and children.

Main Topics

• The constitutional framework of family law;
• Marriage and divorce, and the legal recognition and regulation of different types of domestic relationships and “families”;
• The resolution of disputes between married and unmarried domestic partners relating to care of and responsibility for children, personal protection (eg against violence), division of property, and maintenance;
• Legal status of children (including legal issues arising from assisted reproduction), and the rights and responsibilities of parents and others relating to children; and.
• Procedural aspects of family law, including the roles of lawyers, mediators and Family Consultants, and the development of alternative procedures for resolution of parenting disputes and other family law matters.

There are not normally any pre-requisites for this course, although it is generally regarded as a later year elective. Family Law mainly deals with topics not covered elsewhere in the curriculum, and the course is designed so as to avoid overlap with related subjects such as Children and the Law. It will be especially relevant to students with an interest in the legal regulation of family relationships, including issues arising from sex and gender and notions of children’s rights, and to students who wish to qualify themselves for general legal practice (especially in suburban and country firms) or for specialised family law practice.