The Family Law: What You Should Know

What is Family Law?

Family law is a part of the giant group of laws, which in particular was made for regulating relationships. It includes cases of marriage and divorce, treatment of children, alimony, and other family-related economic matters.

Relations with other Laws

Family Law

In the early stages, this law largely dealt with property and succession. Its origin, as observed from early records, seems to be from economic and property-related questions that rose when a female was transferred from her father’s to her husband’s family. Post marriage, she would be under the power and guardianship of her in-laws. Family law also relates to the relationship between parents and children, in concepts such as guardianship, legitimacy, and custody - that are associated with the family power structure and their economic and financial interests. 

Family law also has a share of social issues. It is even associated with criminal law. This can be seen in cases of violence among family members, which is a great problem observed in the 20th century. This is generally in the form of physical harm, abusive or violent behavior within the family. 

Important Terms Related to The Law

• Marital Property: This property is acquired by either of the spouses during the duration of the marriage - that might be subject to division upon divorce.

• Alimony: The allowance paid by one spouse to another as a form of support that is pending after legal separation.

• Emancipation: A process of the court, by which, a child might become self-supporting, takes up adult responsibilities for his/her own welfare, and lives no more under the care of his/her parents.

• Paternity: To establish paternity means to confirm that one is a child’s biological father.

• Prenuptial Agreement: It is an agreement that is made between a man and woman before marrying, wherein they agree to give up rights on one another’s a property in case there is a divorce between them or in case of death.

Types of Family Law Cases

Family cases are a type of civil case, that involves issues that are between or concerned spouses, parents and children. These are handled by family courts that provide decisions on various domestic matters. Some of the common ones are:

• Marriage Dissolution: This is the case that can be filed when one wants to end a marriage. They are called divorce or annulment cases. The court gives the decision for separation and also handles other related issues like alimony, property rights, child custody, etc.

• Protection Orders Against Domestic Violence: This kind of case can be filed by victims of domestic violence. The abused can ask the court to provide them protection and keep the abuser away.

• Termination of Parental Rights and Adoptions: In case, there are some serious reasons because of which a parent must not have a parental relationship with his/her child anymore - due to neglect, abuse, abandonment, etc - then the family lawyer might end the parent’s rights. Similarly, someone who wants to gain parental rights can file a case in the court for the adoption of the child.

• Emancipation and Approval of Underage Marriages: This case can be filed when a person below 18 years of age wishes to marry or wants to be emancipated. They can sign a petition in the court for approval of the same.