PPC1 Family Law cheat sheet

Marriage formation: consent, minimum age (18 in England and Wales, 16 in Scotland), prohibited degrees, and capacity; failure of a mandatory requirement makes the marriage void, breach of a directory requirement makes it voidable or non-marriage.

Nullity: void marriages (bigamy, prohibited degrees, under 16, failure to comply with formalities) are treated as never having existed; voidable marriages (non-consummation, incapacity, wilful refusal, duress, undisclosed gender reassignment) subsist until a decree is granted.

Divorce (England and Wales): the sole ground is irretrievable breakdown, proved by one of five facts - adultery, unreasonable behaviour, desertion for two years, separation for two years with consent, separation for five years without consent.

Financial remedies on divorce: courts apply s.25 Matrimonial Causes Act 1973 factors; the three strands of need, compensation and sharing (White v White, Miller v Miller) guide outcome, with a clean break preferred where possible.

Children Act 1989 s.1: the child's welfare is the court's paramount consideration; delay is prejudicial; the court makes no order unless doing so is better than making none.

Parental responsibility: acquired by married parents automatically, by unmarried mothers at birth, by unmarried fathers via joint registration, agreement or court order; PR confers rights to be consulted on major decisions (education, medical treatment, religion, name).

Child arrangements orders replace residence and contact orders; the welfare checklist (s.1(3)) covers wishes and feelings, physical/emotional needs, likely effect of change, age/sex/background, harm suffered, and capability of parents.

Adoption: requires a court order; parental consent can be dispensed with if the child's welfare requires it; the welfare of the child is paramount throughout, and the child's views must be considered.

Domestic abuse: the Domestic Abuse Act 2021 provides a statutory definition and creates the offence of non-fatal strangulation; protective orders include non-molestation orders and occupation orders under the Family Law Act 1996 Part IV.

Marriage formation: consent, minimum age (18 in England and Wales, 16 in Scotland), prohibited degrees, and capacity; failure of a mandatory requirement makes the marriage void, breach of a directory requirement makes it voidable or non-marriage.

Nullity: void marriages (bigamy, prohibited degrees, under 16, failure to comply with formalities) are treated as never having existed; voidable marriages (non-consummation, incapacity, wilful refusal, duress, undisclosed gender reassignment) subsist until a decree is granted.

Divorce (England and Wales): the sole ground is irretrievable breakdown, proved by one of five facts - adultery, unreasonable behaviour, desertion for two years, separation for two years with consent, separation for five years without consent.

Financial remedies on divorce: courts apply s.25 Matrimonial Causes Act 1973 factors; the three strands of need, compensation and sharing (White v White, Miller v Miller) guide outcome, with a clean break preferred where possible.

Children Act 1989 s.1: the child's welfare is the court's paramount consideration; delay is prejudicial; the court makes no order unless doing so is better than making none.

Parental responsibility: acquired by married parents automatically, by unmarried mothers at birth, by unmarried fathers via joint registration, agreement or court order; PR confers rights to be consulted on major decisions (education, medical treatment, religion, name).

Child arrangements orders replace residence and contact orders; the welfare checklist (s.1(3)) covers wishes and feelings, physical/emotional needs, likely effect of change, age/sex/background, harm suffered, and capability of parents.

Adoption: requires a court order; parental consent can be dispensed with if the child's welfare requires it; the welfare of the child is paramount throughout, and the child's views must be considered.

Domestic abuse: the Domestic Abuse Act 2021 provides a statutory definition and creates the offence of non-fatal strangulation; protective orders include non-molestation orders and occupation orders under the Family Law Act 1996 Part IV.