LECTURE 5 Theme: Family Law.

PLAN 1. Family Law. 2. Civil partnership. 3. Marriage. Divorce.

Family law ► Family law is an area of the law that deals with family-related issues and domestic relations including law family-related domestic relationslaw family-related domestic relations

Family law is an area of the law that deals with family-related issues and domestic relations including, but not limited to: ► the nature of marriage, civil unions, and domestic partnerships;

► issues arising during marriage, including spousal abuse, legitimacy, adoption, surrogacy, child abuse, and child abduction

► the termination of the relationship and ancillary matters including divorce, annulment, property settlements, alimony, and parental responsibility orders (in the United States, child custody and visitation, child support awards).

The Civil Partnership Act 2004 creates civil partnership, which may be formed by two persons who are: ► the same sex ► not already in an existing civil partnership or lawfully married; ► not within the prohibited degrees of relationships ► both aged sixteen years or over

Marriage Marriage Marriage is Marriage is a governmentally, socially, or religiously recognized interpersonal relationship, usually intimate and sexual, and often created as a contract.

The reasons people marry vary widely, usually including: ► the public declaration of love, ► the formation of a family unit, ► legitimizing sexual relations and procreation, ► social and economic stability, ► the education and nurturing of children.

► The ceremony in which a marriage is enacted and announced to the community is called a wedding. ► A wedding in which the participants marry in the "eyes of the law" is called a civil marriage. ► Religions also facilitate weddings, in the "eyes of God".

► From 2001, five nations have made same- sex marriage legal, including ► the Netherlands, ► Belgium, ► Spain, ► Canada, ► South Africa.

Divorce ► Dissolution of marriage is the ending of a marriage before the death of either spouse. marriage

► A divorce must be certified by a court of law, as a legal action is needed to dissolve the prior legal act of marriage.

► The terms of the divorce are also determined by the court, though they may take into account prenuptial agreements or postnuptial agreements, or simply ratify terms that the spouses have agreed on privately.

The main causes of divorces: ► Extra-marital affairs - 27% (29%) ► Family strains - 18% (11%) ► Emotional/physical abuse - 17% (10%) ► Mid-life crisis - 13% (not in 2003 survey) ► Addictions, e.g. alcoholism and gambling - 6% (5%) ► Workaholism - 6% (5%)