Course description
Overview
This course provides a guide to applications for divorce, dissolution, nullity and separation. There is a particular regard to the implications of a religious divorce, as well as jurisdictional and legal issues relating to a marriage celebrated abroad.
Who is this for?
This course will be of benefit to trainee solicitors, paralegals and other practitioners new to family law. It will also provide an informative guide to practitioners with some experience of divorce and dissolution petitions, but with limited or no practical experience of dealing with the wider range of applications that can arise when advising upon marriage breakdown.
What will you learn?
The course will consider the law, practice and procedure in the areas outlined. It will include the opportunity to work through case studies to apply knowledge in a practical setting. You will also have an opportunity to discuss issues in group settings and with an experienced tutor with substantial expertise in the field.
The course will cover developments in case law and practice, with regard to matters surrounding religious divorces and void marriages, as illustrated in cases such as Akhter v Khan 2020, as well as the developments and implementation of Non - Fault Divorce as from April 2022 through the Divorce, Dissolution and Separation Act 2020.
Topics covered include:
- Consideration of Void and Voidable Marriages
- Domicile and Habitual Residence
- Drafting the papers and running divorces through the portal
- The changes to divorce through the Divorce, Dissolution and Separation Act 2020
- Rescinding of Orders
- Applications for final orders
- Consideration of religious divorces and impact of a foreign divorce
How does this help your career?
- Understand the nature and effect of dissolution, (judicial) separation and nullity applications and orders
- Learn the steps to successfully trace a respondent, dispense with service or seek presumption of death orders.
- Understanding disputed divorces and their impact.
- Be able to prepare papers and take steps in an undisputed divorce
- Understand orders for nullity .
- Understand the nature and effect of various religious divorces
PSC Elective
This course may be undertaken as a PSC elective, although it may also be attended by non-trainees.
SRA Competencies
B, C
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Upcoming start dates
Suitability - Who should attend?
This course will be of benefit to trainees, paralegals and others new to family law, as well as those with some experience of dissolution petitions, but with limited or no practical experience of dealing with the wider range of applications that can arise when advising upon marriage breakdown.
Outcome / Qualification etc.
- How to seek a declaration as to marital status
- Understanding the nature and effect of dissolution, judicial separation and nullity petitions and decrees
- Drafting particulars for either petition
- Learning the steps to successfully trace a respondent, dispense with service or seek presumption of death
- Understanding supplemental or amended petitions, and cross decrees
- Preparation of pleadings and steps in a defended suit
- Rescission of decrees and gender recognition
- Understanding declarations as to marital status
- Understanding the nature and effect of religious marriage, e.g. under Jewish or Sharia law, on divorce
- Applications for final decree, after delay by the petitioner, and on behalf of the respondent