Family Law Overview

Family law governs legal relationships within families, covering marriage, divorce, child custody, adoption, and domestic violence. Its purpose is to protect family members’ rights while maintaining social stability.

1. Key Areas

(1) Marriage

• Requirements: Legal age, mutual consent, no close blood relations.
• Validity: Legal unions vs. void marriages (e.g., bigamy) or voidable marriages (e.g., under coercion).
• Property Systems: Community property, separate property, etc.

(2) Divorce

• Types: Uncontested (mutual agreement) vs. contested (court litigation).
• Grounds: Irreconcilable differences, separation periods, abuse, etc.
• Consequences:
  • Asset Division: Equitable distribution of marital property.
  • Child Custody: Decided based on the “best interests of the child.”
  • Alimony/Spousal Support: Payments from the higher-earning spouse.

(3) Children’s Issues

• Child Custody:
  • Sole Custody: One parent has full decision-making authority.
  • Joint Custody: Parents share major decisions.
• Child Support: Non-custodial parent pays based on income guidelines.
• Visitation Rights: Scheduled access for the non-custodial parent.

(4) Adoption

• Requirements: Age, financial stability, clean criminal record.
• Process: Home study, probationary period, final court approval.

(5) Domestic Violence

• Protective Orders: Restrain abusers from contacting victims.
• Legal Remedies: Criminal charges, civil damages, etc.

2. Core Principles

• Best Interests of the Child: Custody and visitation prioritize the child’s well-being.
• Equality: Spouses have equal rights in property and obligations.
• Protection of Vulnerable Parties: E.g., alimony for financially disadvantaged spouses.

3. International Family Law

• Cross-Border Marriages/Divorces: Conflicts between different legal systems.
• International Child Abduction: Hague Convention mandates returning wrongfully taken children.