Lecture notes
Family Law and Practice WS09 D1
- Module
- Family Law
- Institution
- City University (City)
Family Law and Practice WS09 D1
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LEGAL PRACTICE COURSEFamily Law
Skills Session 9
Topic(s):
Financial Remedies
Learning Outcomes:
By the end of this session you will be able to:
Provide clear, relevant and timely advice to a client in a financial remedies application
Write an effective letter to a client that meets a client’s goals and concerns
1.Technical skills 2. Form and presentation 3.Effectiveness
1.1 Follows the rules of grammar 2.1 Appropriate introduction 3.1 Meets client’s goals
1.2 Correctly spelt 2.2 Appropriate layout using 3.2 Carries out client’s instructions
1.3 Correctly punctuated paragraphing, enumeration, 3.3 Addresses client concerns
1.4 Correctly capitalised headings and tabulation effectively
1.5 Clear, plain and active 2.3 Logically organised
language 2.4 Forms a consistent and
1.6 Consistent language coherent whole
1.7 Style and tone appropriate to 2.5 Succinct and precise
the addressee 2.6 Appropriate ending
Session Activities:
Group discussion on the issues arising from the case of Davina Green
Draft letter in reply with tutor feedback
Materials Attached:
Pre-Session Task: Task 1 – Davina Green
In-Session Task: Instructions for Davina Green
Materials to Be Released:
Suggested letter for Davina Green (d2)
Preparation for Session:
Review chapters 4, 8-10 CLP Family Law and Practice
Read Task 1 and carry out any further research necessary by way of preparation for the
session
Review the LPC writing assessment criteria and revisit your previous writing attempts -
be able to identify at least one area where you need to improve in this skill
Post-Session:
Review your attempts at writing letters of advice to clients. If you need further guidance or
have any queries in relation to this skill you should contact the subject co-ordinator.
, Pre-Session Task 1 – Davina Green
_______________
MEMORANDUM
To: Trainee
From: Principal
Date: Today’s date
Client: Davina Green
I have arranged for us to see Davina Green at 1.00pm this afternoon. She telephoned this
morning to say her husband was threatening to stop the divorce. I understand Mrs Green
has acted for herself in a petition based on the fact of two years separation and consent.
Mrs Green was the petitioner. The Decree Nisi is due shortly.
As I will be away from tomorrow on annual leave, I will want you to assume conduct of the
matter in my absence. Research the following, as I will need you to draft any follow up letter
to Mrs Green (to be undertaken at a later date).
MCA 1973 s.10;
Information required to assess a financial settlement.
Supervising Partner
(1)Plan the letter (see case study)
Acting for Mrs Davina Green:
Husband wants to stop divorce – is this likely?
What financial information is needed to assess their situation?
What are the main facts…
• Acting for Davina Green – 56 years
• Married for 25 years to Mr Green – 57 years (both nearing retirement)
• No children
• Divorcing: 2 years’ separation with consent
• Client/Mrs G acting in person
• Decree Nisi nearly ready
• FMH is in her sole name – left to her by her parents
• She has met someone new (Dean)
• Mr G lives in the house free of charge
• She does not pay him any maintenance
• She has savings, the house, pension
• Mr G receives disability pension (limited income); he has arthritis + hasn’t worked for
years (disability impacts ability to work in the future)
As part of assessment you need to write a short letter to client – 20 marks.
You need to know facts so you can make the letter personal. More facts you include the
higher the grades I will get.
What is Section 10 MCA 1973 about?
• Applies to divorce based on 2 years separation with consent or 5 years separation
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