This module aims to provide students with a thorough knowledge and understanding of Family Law as it relates to issues of gender and sexuality. It will provide both a firm grounding in some of the most technical and specialised areas of Family Law, such as assisted reproduction and weddings law, and develop their critical analysis of this area through drawing on feminist and/or queer theoretical frameworks. Thus, it will prepare students for both a career specialising in family law and for further academic research in this area. It also seeks to support a wider agenda for research in family law that focuses on the recognition of and legal responses to vulnerability within families.

(LO1) Students will be able to use feminist and/or queer theoretical frameworks to critically analyse family law provisions

(LO2) Students will have an in-depth knowledge and understanding of family law as it relates to gender and sexuality

(LO3) Students will be able to demonstrate understanding of diverse family forms and their legal recognition and regulation

(LO4) Students will be able to identify and effectively articulate ongoing law and policy challenges and solutions with regard to family law’s impact on women and those of minority genders and sexual orientations

(S1) Synthesis – students will read and summarise large amounts of information in preparation for seminar discussions and their assessment

(S2) Critical analysis – students critically analyse relevant legal provisions during seminars and in their assessment

(S3) Research – students will carry out independent research for their final assessment

(S4) Awareness of EDI – students will learn about diverse family forms and ways in which family law impacts on women and those of minority genders and sexual orientations

This module will be taught through weekly seminars. Students will be given a list of 3 required readings, which they will be asked to summarise in their own words ahead of the seminar and reflect on 4-5 questions based on these readings. Following a brief introduction to the topic by the tutor, putting it in its broader context, the seminar will be based on a discussion of the readings, structured around the pre-provided questions.

This is a rapidly evolving field so seminars will change to reflect topical issues arising and staff availability.

Seminar 1 ‘Theoretical Frameworks and Concepts: Autonomy and Vulnerability, Recognition and Regulation’ will introduce the module and its theoretical frameworks, which derive from feminist and queer theory.

Seminar 12 ‘Assessment Guidance’ will provide an opportunity for students to discuss their approach to the essay question with the module convenor.

The remaining seminars will cover topic s such as:

•Recognising Relationships: Should Family Law Centre Care?

•Weddings Law and Islamic Ceremonies following Akhtar v Khan
•Nullity of Marriage: Capacity to Marry
•Nullity of Marriage: Polygamy/Polyamory
•The History of Marriage: Wives, Property, and Wives as Property
•Prenuptial Agreements and Division of Assets
•Domestic Abuse and the ‘Bad Mother’: Failure to Protect
•Domestic Abuse and the ‘Bad Mother’: Child Arrangements and ‘Parental Alienation’
•Access to Family Justice
•Assisted Reproduction: Autonomous Motherhood, Lesbian-Headed Families and the ‘Parentification’ of Donors
•Autonomy and Vulnerability in Surrogacy
•Trans Parents: Legal Parenthood and Child Arrangements when A Man Gives Birth and A Father Becomes A Mother

Teaching Method 1: Seminar

Scheduled Directed Student Hours: 22

Unscheduled Directed Student Hours: 0

Description: Seminars will take place weekly and consist of a discussion of required readings and pre-set questions.

Attendance Recorded: Yes

Self-Directed Learning Hours: 178

Description: Students are expected to spend 10 hours per week (x 11 weeks) preparing for seminars, including submitting the written work for assessment. The remaining 68 hours will be spent researching and writing the final essay.