Family law (also called matrimonial law or the law of domestic relations) is an area of the
law that deals with
family
Family (from la, familia) is a group of people related either by consanguinity (by recognized birth) or affinity (by marriage or other relationship). The purpose of the family is to maintain the well-being of its members and of society. Idea ...
matters and
domestic relations
In the common law tradition, the law of domestic relations is a broad category that encompasses:
* divorce;
* property settlements;
* alimony, spousal support, or other maintenance;
* the establishment of paternity;
* the establishment or termin ...
.
Overview
Subjects that commonly fall under a nation's body of family law include:
*
Marriage
Marriage, also called matrimony or wedlock, is a culturally and often legally recognized union between people called spouses. It establishes rights and obligations between them, as well as between them and their children, and between ...
,
civil unions, and
domestic partnership
A domestic partnership is a legal relationship, usually between couples, who live together and share a common domestic life, but are not married (to each other or to anyone else). People in domestic partnerships receive benefits that guarantee ...
s:
** Entry into legally recognized spousal and domestic relationships
** The termination of legally recognized family relationships and ancillary matters, including
divorce
Divorce (also known as dissolution of marriage) is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganizing of the legal duties and responsibilities of marriage, thus dissolving th ...
,
annulment
Annulment is a legal procedure within secular and religious legal systems for declaring a marriage null and void. Unlike divorce, it is usually retroactive, meaning that an annulled marriage is considered to be invalid from the beginning al ...
,
property settlements,
alimony
Alimony, also called aliment (Scotland), maintenance (England, Ireland, Northern Ireland, Wales, Canada, New Zealand), spousal support (U.S., Canada) and spouse maintenance (Australia), is a legal obligation on a person to provide financial sup ...
,
child custody
Child custody is a legal term regarding '' guardianship'' which is used to describe the legal and practical relationship between a parent or guardian and a child in that person's care. Child custody consists of ''legal custody'', which is the ri ...
and
visitation,
child support
Child support (or child maintenance) is an ongoing, periodic payment made by a parent for the financial benefit of a child (or parent, caregiver, guardian) following the end of a marriage or other similar relationship. Child maintenance is paid d ...
and
alimony
Alimony, also called aliment (Scotland), maintenance (England, Ireland, Northern Ireland, Wales, Canada, New Zealand), spousal support (U.S., Canada) and spouse maintenance (Australia), is a legal obligation on a person to provide financial sup ...
awards
**
Prenuptial and
Postnuptial agreements
*
Adoption
Adoption is a process whereby a person assumes the parenting of another, usually a child, from that person's biological or legal parent or parents. Legal adoptions permanently transfer all rights and responsibilities, along with filiation, fro ...
: proceedings to adopt a child and, in some cases, an adult.
*
Surrogacy
Surrogacy is an arrangement, often supported by a legal agreement, whereby a woman agrees to delivery/labour for another person or people, who will become the child's parent(s) after birth. People may seek a surrogacy arrangement when pregna ...
: the law and process of giving birth as a surrogate mother
*
Child protective proceedings: court proceedings that may result from state intervention in cases of
child abuse
Child abuse (also called child endangerment or child maltreatment) is physical, sexual, and/or psychological maltreatment or neglect of a child or children, especially by a parent or a caregiver. Child abuse may include any act or failure to a ...
and
child neglect
A form of child abuse, child neglect is an act of caregivers (e.g., parents) that results in depriving a child of their basic needs, such as the failure to provide adequate supervision, health care, clothing, or housing, as well as other physic ...
*
Juvenile law: Matters relating to minors including
status offenses,
delinquency
Delinquent or delinquents may refer to:
* A person who commits a felony
* A juvenile delinquent, often shortened as delinquent is a young person (under 18) who fails to do that which is required by law; see juvenile delinquency
* A person who fai ...
,
emancipation and
juvenile adjudication
*
Paternity: proceedings to establish and disestablish paternity, and the administration of
paternity testing
This list is not exhaustive and varies depending on
jurisdiction
Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels.
J ...
.
Conflict of laws
Issues may arise in family law where there is a question as to the laws of the jurisdiction that apply to the marriage relationship or to custody and divorce, and whether a divorce or child custody order is recognized under the laws of another jurisdiction. For child custody, many nations have joined the
in order to grant recognition to other member states' custody orders and avoid issues of
parental kidnapping
Child abduction or child theft is the unauthorized removal of a minor (a child under the age of legal adulthood) from the custody of the child's natural parents or legally appointed guardians.
The term ''child abduction'' includes two lega ...
.
See also
Specific jurisdictions
References
Further reading
*
*
External links
Testimony of Barbara Dafoe Whitehead, Ph.D., Co-Director, National Marriage Project Rutgers University, before US Senate Subcommittee* (an analysis of the long-term effect of divorce on children)
R. Partain, "Comparative Family Law, Korean Family Law, and the Missing Definitions of Family", (2012) HongIk University Journal of Law, Vol. 13, No. 2.Hong Kong Family Court Tables includes a summary of Hong Kong family law principles, a guide to the recent case law and relevant statutes, and a glossary of relevant terms related to the Hong Kong family law.
{{Authority control
Divorce
Marriage