2441.16 - Divorce Law
Bachelor degree or equivalent with adequate component of law
To give insight into the laws, legal rules and practices regulating the separation and the termination of the legal partnership between spouses.
Following a brief introduction to Family Law, the main emphasis will be on the legal issues arising in connection with legal separation and/or divorce between spouses. The following topics will be covered: - Administrative procedure rules. - Legal conditions required for separation and divorce - Financial aspects of separation and divorce, including spousal support, § 45-compensation, and widow’s pension. - Distribution of joint property, including the rules on equitable distribution vs. equal distribution and the rules on claims for compensation - The assets and debts of the estate, including calculation of Value. - Qualitative and quantitative division of the joint estate - Personal rights - The rules on division of pensions at separation and divorce - Marriage settlements, i.a on separate property - Property settlement agreements in relation til separation or divorce - Other agreements between spouses - International divorces - Effects on tax liability
Learning and teaching approaches
34 hours. The classes will mainly consist of presentations from teacher. If circumstances permit, classes will also include student exercises and student presentations.
- Demonstrate concrete and broad knowledge on and understanding of the subject of Divorce Law, and be able to analyze the legislation, practice and theory related to the subject. - Be able to explain the rationale behind the different rules related to separation and divorce. - Be able to analyze legal problems related to separation and divorce and argue for different yet equally well founded legal solutions. - Explain basic principles in Divorce Law and how it interacts with neighboring legal fields. - Present and formulate knowledge and arguments correctly and succinctly in eloquent and correct language.
External examiners (together with teacher) Written exam. The student will be allowed 4 hours and will have access to the course material and other materials from the classes. The exam question will be on particular subjects raised in the course material.
Materials for Divorce Law, consisting of excerpts from textbooks, scholarly articles, court and administrative decisions etc. – available on the FirstClass network prior to teaching sessions. Required reading about 500 pages.