FAMILY LAW
Family law is a branch of civil law that regulates property relations within the family nucleus.
Objective of family law
Family law regulates the legal relationships between the members of a family. It seeks to protect the rights, duties and obligations that arise within the family nucleus. Its main areas of regulation include:
- Marriage: rules on the marriage contract, requirements, effects and dissolution (divorce).
- De facto unions: Recognition and regulation of non-marital cohabitation.
- Relations between parents and children: Rights and duties of parents towards their children, including parental authority, guardianship and custody, and alimony.
- Adoption: Procedures and requirements to adopt, as well as the rights of adoptees and adopters.
- Inheritance within the family: Aspects related to the succession of assets.
- Protection of minors and vulnerable persons: Rules designed to safeguard the rights of minors and family members at risk.
Characteristics of family law
Family law is a branch of civil law focused on regulating legal relationships within the family nucleus. Its main characteristics include:
Areas of application where family law can be found
Family law, as previously mentioned and as its name implies, focuses on the family environment, safeguarding the rights and obligations of the members of a family and also in the following cases:
- Marriage and unions: Regulates the establishment, effects and dissolution of marriage and other legal unions (such as free or common-law unions).
- Divorce and separation: Establishes the rules for the termination of the marital bond and the resulting rights and responsibilities.
- Filiation: Addresses the determination of the legal relationship between parents and children, whether biological or adoptive.
- Parental authority and guardianship: Regulates the rights and duties of parents over their minor children and, as the case may be, guardianship.
- Alimony: Guarantees the right of children and other relatives to receive food, including housing, education, health and clothing.
- Adoption: Establishes the procedures and requirements to create a legal bond between adopters and adoptees.
- Family violence: Prevents and regulates situations of abuse or violence within the family environment, promoting the protection of victims.
- Inheritance in the family environment: Sometimes, it deals with the transfer of assets between family members, depending on the applicable legislation.
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Frequently Asked Questions about Family Law
It is a branch of law that regulates legal relationships between family members, such as marriage, divorce, parental rights, adoption and alimony.
You must file a petition for divorce before a family court, complying with the legal requirements of your country, such as the marriage certificate, details of children (if any), and property and custody agreements.
It is the set of rights and duties that parents have over their minor children, including their care, education and legal representation.
They vary by country, but generally include being of legal age, demonstrating emotional and economic stability, not having a criminal record, and complying with a psychological and social evaluation process.
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