MLL320 Family Law Assessment Task 1 Trimester 01 2025 | DU

Description

Purpose

By completing this task, students will learn the legal requirements for a divorce and the documents required to apply for divorce, how to analyse information and apply the law to a hypothetical fact scenario and skills in drafting letters of advice. This task will equip students with knowledge and skills essential to family law practitioners.

This task will provide students with the opportunity to learn the knowledge required to provide advice on the law relating to divorce (GLO1 & ULO1/ULO3; GLO4 & ULO2; GLO5 & ULO3) and the skills required to draft a letter of advice for an application for divorce (GLO3 & ULO2/ULO3). By completing this task, you will develop skills in researching, understanding, applying, evaluating, and presenting information required of legal professionals.

Context/Scenario

For this task, assume you are a lawyer working in a law firm and you must draft a letter of advice for your principal lawyer to review.

Specific Requirements

• This assessment is an individual task and compulsory for all students.
• You are required to draft a letter of advice to a client.
• Please note: You are to prepare a draft letter to your client for your principal lawyer to review.
• If you feel you require further information from your client, you should include those queries in your letter of advice.
• All material should be typed (not handwritten).

Note: Marks will be deducted where instructions are not followed.

Assignment Instructions

Instruction Sheet
Date of Interview with your clien: 7 March 2025

Your client:
Jennifer Mopez
20 The Esplanade
Middle Park VIC 3206

Phone number: 0412 672 387
Born: 24 July 1969 – New York, USA
Self-employed singer – salary approx. $1,000,000 per annum.

Other party:

Ken Affleck
5/193 Beach Parade
Port Melbourne VIC 3207

Phone number: 0486 924 845
Born: 15 August 1972 – California, USA
Self-employed actor – Currently not working

Jennifer Lopez was born on 24 July 1969 in New York City and is currently 55 years of age. She met her Husband, Ken Affleck, in 2002, and they have
one child together, Violet Affleck, born 3 January 2012. Both Jennifer and Ken are Australian citizens, having moved to Australia in 2010 and being granted Australian Citizenship in 2018. They finally married on 29 July 2023 in a chapel in Las Vegas.

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Upon returning to Melbourne after their wedding, Ken moved into Jennifer’s home in Middle Park and put his Port Melbourne apartment up for rent. Violet had been living primarily with Jennifer up until this time, as Ken did not have a bedroom for Violet at his apartment.

At the start of their marriage, Jennifer and Ken were madly in love! They spent all their spare time together, hosted dinner parties for their friends regularly, attended Sunday night dinners at Jennifer’s brother’s house and attended industry and work events together. Jennifer was so in love that she even set up a joint bank account for her and Ken and deposited large amounts of money into this account for Ken to use as he had struggled to find work in recent times.

This lasted for approximately a year, after which time, Ken started to become annoyed with the level of media attention that Jennifer attracted. Paparazzi would be waiting outside their house at all hours of the day, trying to get photos of them. They would then be followed by paparazzi everywhere they went. Jennifer tells you that Ken blamed her for this intrusion into their lives. She states that Ken was of the view that Jennifer shared too much of her life with her fans on social media, which made Ken uncomfortable. Jennifer tells you that Ken even accused her of trying to set up these encounters with the paparazzi.

Jennifer and Ke ‘s arguments became

vastated but also very angry as Ken had always known what her level of fame entailed, and the fact that she liked to share her life with her fans, and this had never been an issue for Ken previously. She immediately closed their joint account, and Ken moved into the spare bedroom that night. On Christmas Day they attended their family Christmas celebrations separately. They no longer hosted dinner parties for their friends, and they attended work and industry events separately. They also attended Violet’s sports and school concerts separately. They no longer shared meals and avoided each other when they were both at home.

On 15 February 2025, Jennifer asked Ken if they could attend counselling together to try to repair their marriage, but Ken refused, stating that he had no interest in fixing the marriage. Jennifer then demanded that Ken tell her when he would be moving out, as she was sick of the tension in the house and could see that it was affecting Violet. Ken told Jennifer that his tenant’s lease did not expire until 11 August 2025, so he could not move out until then. This made Jennifer furious, and on 7 March 2025, she met with you at your law firm to seek advice on how she could end her marriage to Ken.

Task

• Your principal lawyer has asked you to draft a letter of advice to the client outlining the law and the process, including the steps required for Jennifer to end her marriage with Ken. In the letter, you should refer to the relevant rules, legislation and case law (footnotes by AGLC4).
•  If you require further information from the client, you should include in your draft letter any questions you have for Jennifer and explain why this information is required.

Note:

At the initial meeting, you provided Jennifer with a cost agreement and disclosure statement regarding the firm’s professional fees, so you do not have to deal with this issue in your draft letter of advice.

Learning Outcomes

This task allows you to demonstrate your achievement towards the Unit Learning Outcomes (ULOS), which have been aligned to the Deakin Graduate Learning Outcomes (GLOS). Deakin GLOS describe the knowledge and capabilities graduates acquire and can demonstrate on completion of their course. This assessment task is an important tool in determining your achievement of the ULOS. If you do not demonstrate achievement of the ULOS, you will not be successful in this unit. You are advised to familiarise yourself with these ULOS and GLOS, as they will inform you on what you are expected to demonstrate for successful completion of this unit.