The family law is an area that takes care of all the legal issues that are related to family relationships , such as adoption, divorce and child custody. Attorneys who practice family law are generally in charge of separating the spouses, determining who will get custody of the children, everything related to child support and other related legal matters. Some family law attorneys specialize in adoption , paternity , emancipationor other matters that are not generally related to divorce but include family. The states have the right to determine the requirements to perform a marriage, including age and legal capacity . At the same time, attorneys who practice family law are governed by state laws that establish the rules and procedures for divorce matters and some others related to family matters.
Family law is the part of civil law that aims at legal-family aspects such as marital and paternity relationships, including personal , patrimonial and guardianship aspects , and whose main axis is the family, filiation and marriage.
- What is family law?
- Legal nature of family law
- Family law history
- Importance of family law
What is family law?
The right to family consists of a set of statutes and precedents governing legal responsibilities between individuals who share a connection domestic. They generally involve people who are related by blood or marriage , but family law can also affect those in more distant or casual relationships, other than spouses. Most of the processes involving family law occur as a result of the termination of a marriageor from a romantic relationship. Family law attorneys help their clients file for separation or divorce, alimony, and child custody. Family law also involves the prevention of physical and emotional abuse and this is another field that includes family law. In this case, domestic abuse is not limited to the relationships between the spouses and their children, so the judges will not hesitate to affirm the jurisdiction to protect an elderly member of the family.
Its main characteristics are the following:
- It has broad moral or ethical content .
- The social interest predominates over that of the people.
- Its rules are included in public order , so they are imperative and unavailable.
- The principle of autonomy of the will does not apply in matters related to family law.
- For family law, the word community implies parents, children, and some people who are linked to them with the bond of affection, blood or law.
- There is a connection between legal-family institutions and the civil status of individuals.
- It is responsible for regulating relationships equally and granting hierarchies.
Legal nature of family law
The word legal nature is the term from which the situations derive that allow us to determine the legal branch to which the issues under study belong to determine their obligations and rights . It means, to give a location within the science of law, the contract, the institution or the situation to which we refer. Family law has traditionally been considered as a part of civil law , located in private law . It has its own nature and its content is not private or civil. It is a new branch of law with itsIts own characteristics and with its own objective : the family , which is governed by public order rules, different from those of the State and promulgated by it.
Most of the changes made to family law that took place in the late 20th century have been made based on concepts of marriage , family and gender , themes that go back to the feudalism of Europe , the law of the church and the customs of the epoch. During Anglo-Saxon times in England, marriage and divorce were private affairs. However, after the Norman Conquest in 1066, the legal status of a married woman was fixed by the Common Law, and the Canon Law , both of which prescribed various rights and duties.. The result was that the identity of the wife was merged with that of the husband; he was a legal person, but she was not. After the marriage, the husband received the property of the entire wife and took over all the property that she owned. In return, the husband was obliged to support the wife and their children.
Family law history
First, the family group was based on sexual relations between the inhabitants of a tribe, the oldest origin of the family was matriarchal , since the children only knew who their mother was. Then, in ancient times, group marriages were given and the first restriction to unite freely is given. The consanguineous family is the first taboo to the sex trade that gives rise to the family. The Punulúa family established the prohibition of having relations between uterine siblings, even reaching cousins. Syndiasmic family restricted freedomsexual because the spouses had to maintain relations only between themselves and the two took care of the children. The total evolution of the family occurs in the middle age , where monogamy is established , with the children completing the family nucleus.
The purposes of family law are based on the survival , permanence and continuity of the same, looking for a way to perpetuate the species and protect it , and at the same time give the necessary protection to all the members that make up the family nucleus.
Importance of family law
Family law is important because it is responsible for safeguarding and protecting the heritage of a family setting standards regarding the same. It provides protection to all members of the family and establishes the obligations , duties and rights of the people who make up the family.
Some examples of family law are as follows:
- Equal rights between children.
- Right to decide on the number of children.
- The mother’s right to legal protection and social security.
- Protection against family abuse.
- Protection in case of marriage abandonment.