Family law (also called matrimonial law or the law of domestic relations) is an area of the

law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vari ...

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. Ideall ...

matters and domestic relations.

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 union A civil union (also known as a civil partnership) is a legally recognized arrangement similar to marriage, created primarily as a means to provide recognition in law for same-sex couples. Civil unions grant some or all of the rights of marriage ...

s, 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 the ...

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 almost ...

property settlement Division of property, also known as equitable distribution, is a judicial division of property rights and obligations between spouses during divorce. It may be done by agreement, through a property settlement, or by judicial decree. Distributio ...

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 righ ...

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

awards **

Prenuptial A prenuptial agreement, antenuptial agreement, or premarital agreement (commonly referred to as a prenup), is a written contract entered into by a couple prior to marriage or a civil union that enables them to select and control many of the l ...

and

Postnuptial agreement A postnuptial agreement is a written agreement executed after a couple gets married, or have entered a civil union, to settle the couple's affairs and assets in the event of a separation or divorce. It may be "notarized" or acknowledged and may ...

s *

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, from ...

: 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 pregnan ...

: 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 ...

and child neglect *

Juvenile law Juvenile law pertains to those who are deemed to be below the age of majority, which varies by country and culture. Usually, minors are treated differently under the law. However, even minors may be prosecuted as adults. Juvenile law by countr ...

: Matters relating to minors including

status offense A status offense is an action that is prohibited only to a certain class of people, and most often applied only to offenses committed by minors. In the United States, the term status offense also refers to an offense such as a traffic violati ...

s, delinquency,

emancipation Emancipation generally means to free a person from a previous restraint or legal disability. More broadly, it is also used for efforts to procure economic and social rights, political rights or equality, often for a specifically disenfranchis ...

and juvenile adjudication *

Paternity Paternity may refer to: *Father, the male parent of a (human) child *Paternity (law), fatherhood as a matter of law * ''Paternity'' (film), a 1981 comedy film starring Burt Reynolds * "Paternity" (''House''), a 2004 episode of the television seri ...

: proceedings to establish and disestablish paternity, and the administration of

paternity testing DNA paternity testing is the use of DNA profiles to determine whether an individual is the biological parent of another individual. Paternity testing can be especially important when the rights and duties of the father are in issue and a child' ...

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. Jur ...

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

Hague Convention on the Civil Aspects of International Child Abduction The Hague Convention on the Civil Aspects of International Child Abduction or Hague Abduction Convention is a multilateral treaty that provides an expeditious method to return a child internationally abducted by a parent from one member countr ...

in order to grant recognition to other member states' custody orders and avoid issues of parental kidnapping.

References

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

Overview

Conflict of laws

See also

Specific jurisdictions

References

Further reading

External links