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.
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 versus divorce. Jurisdiction to grant a judicial separation, the grounds for judicial separation, the effect of a decree of judicial separation and ancillary orders.
Jurisdiction to grant divorce, the grounds for divorce, the effect of a decree of divorce, the effect of Brussels II on divorce 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.
Remedies: barring order/interim barring order; protection order; safety order. Entitlement to relief under the Domestic Violence Act 1996.
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.