Family Law and Succession
What this domain tests
Family law and succession tests marriage, divorce, maintenance, custody and property, and the transmission of property on death under the Marriage, Divorce and Family Relations Act 2015 and the Wills and Inheritance Act.
Core rules
- The 2015 Act recognises civil, customary and religious marriages and sets minimum age and consent requirements. Child marriage is prohibited.
- Divorce is based on irretrievable breakdown, proved by statutory facts. The court considers maintenance, property division and the best interests of the child.
- Custody and guardianship decisions are governed by the child's best interests. Both parents have responsibilities; the Child Care, Protection and Justice Act 2010 reinforces child protection.
- Matrimonial property may be divided on divorce, taking into account contributions and fairness.
- A will must satisfy statutory formalities: writing, signature and witnesses. Intestate succession follows the Wills and Inheritance Act rather than automatic customary rules.
- The surviving spouse and children have statutory entitlements; dependants may claim provision.
Worked example
A man dies without a will, leaving a widow and three children. The estate is distributed under the statutory intestacy scheme, not simply by customary custom. The widow and children take their statutory shares, and the personal representatives must identify and administer the estate. If a dependant was omitted, a court application for provision may be needed.
Traps
Do not assume a customary marriage has no legal effect. Do not ignore the best-interests test in custody. Do not validate an unwitnessed will. Do not distribute an intestate estate without identifying the statutory beneficiaries and the personal representatives.