The recent case of Owens v Owens [2017] EWCA Civ 1

The recent case of Owens v Owens [2017] EWCA Civ 182 demonstrates the need to prove more than incompatibility between the parties in divorce proceedings

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 LA6005 Family Law Written Assignment

Notes

• This assignment is worth 50% of the full module assessment.
• You must use no more than 2000 words (inclusive of references in the main text but not bibliography or properly used footnotes). The penalty for exceeding the word limit will be 5 marks per 1000 words excess. Students are referred to the Programme Handbook for further details.
• Your assignment must be word-processed.
• You must include your word count and student assessment number in your submission. They should appear on the front page.
• Coursework must be word processed in a programme compatible with the University system and electronically submitted through the Assignment Submission set-up of the LA6005 Family Law Module on-line learning space on Moodle by 12noon on Monday 21st August 2017.  Coursework may then be submitted to TURNITIN plagiarism software.
• Refer to the Programme Handbook for the penalties for non-compliance.

Criteria

1. This coursework gives students the opportunity to achieve the following intended learning outcomes in the module descriptor, 12.1- 12.2, 12.4 and 12.7.

2. Students should refer to the generic assessment criteria in the programme handbook, but in particular will be assessed by reference to the following criteria:

• Ability to analyse and describe the current law.
• Ability to apply the current law to the question asked.
• Ability to critically evaluate the law.
• Ability to describe and analyse proposals for reform and critically evaluate them.
• Ability to provide a clear, relevant and structured answer to the question.
• Appropriate referencing using accepted academic conventions.

In order to assist them with the above criteria, students should refer to the guide in the module handbook.

3. Bibliographies and acknowledgment of sources are expected as usual. Remember that it is academic malpractice to use even one line from another person’s work without acknowledgment or to collude with another student in preparing and writing submissions.                                                                          

Question

The recent case of Owens v Owens [2017] EWCA Civ 182 demonstrates the need to prove more than incompatibility between the parties in divorce proceedings. For divorces under s1(2)(b) Matrimonial Causes Act 1973 irretrievable breakdown of marriage must be proved by the fact

‘ …that the respondent has behaved in such a way that the petitioner cannot be expected to live with the respondent;’

Discuss this in relation to current divorce law in theory and practice.