Bar Council Written study materials
Bar Council Written study resources

Bar Council Written: Family and Personal Law

Bar Council Written · Work through your exam, one topic at a time.

All guide sections

Family and Personal Law

Core concepts

Study marriage and its legal consequences, divorce and dissolution, financial relief, and the welfare of children. Know the best-interests principle, parental responsibility, custody and access, and child maintenance. Cover domestic violence protection, maintenance obligations, and succession. Understand the difference between void and voidable marriages.

Traps

Questions confuse the grounds for divorce with the grounds for nullity. Irretrievable breakdown is established by specific facts, not by assertion. The welfare of the child is paramount, not merely a factor. Financial orders must consider statutory factors, not just needs. Watch for jurisdictional requirements.

Worked example

A spouse petitions for divorce citing unreasonable behaviour. The court asks whether the respondent behaved in a way the petitioner cannot reasonably be expected to live with, judged objectively. If proved, the court may grant a decree; financial relief follows separately under statutory factors.

Rule of thumb

For family problems, identify status, then rights and duties, then the welfare of any child, then financial and protective remedies.