The family law is considered as the set of legal rules and institutions that seek to regulate personal and property relations of the members of a family, each other and with third parties. Such relationships arise from marriage and kinship.
It was considered that the family Law, born of civil law, however, since the latter is based on the individual, family relationships cannot be governed only by criteria of individual interest and autonomy much of the doctrine presently considered to be an autonomous branch of law.
The object of study of family law is the family.
The family is the “group of people who are united by ties of consanguinity or adoption founded on the basis of people called parents and children, who live in a household cultivating the necessary and natural affections with common interests to overcome and progress”
Characters of Family Law
Judgments on procedural matters family do not reach the quality of res judicata, are formal statements i.e. are reviewable further.
The autonomy is restricted. They cannot extinguish or change an interpersonal relationship of the family group without court intervention. Its rules are to regulate the family community.
Divorce is the separation of two people who were united in marriage by court order.
It is the way Law responds to a conflict, failure or marital disruption.
Separation and Divorce Link
Both personnel action such as divorce separation is a personal right of spouses. The common effect of both actions is the cessation of the duty of cohabitation, ie each partner will set new residence.
Divorce and Separation are the following differences:
The separation produces separate status; divorce instead produces the status of “divorced”. Thus, the divorced will recover your bridal fitness. That is, in the case of marital separation, with the sentence: cohabitation is interrupted but also dissolves the bond stop calling the inheritance between spouses.
For separated spouses stop the duty of cohabitation, family help will be limited, both spouses must contribute to the maintenance of the children in proportion to their fortune.
Custody of Children
In joint custody, effects on land tenure and stored in the power over the children.
Parental authority is the set of duties and rights that correspond to the parents of the persons and property of their children, for their protection and comprehensive training to care for and govern their children, from the conception of these and while they are under age and have not been emancipated.
The exercise of parental authority in cases of separation, personal separation, divorce link, it will be up to the parent to exercise legally tenure, without prejudice to the other to have adequate communication with the child and to supervise their education.For detailed information click on-Everett Divorce Attorney.
Autonomy and Location of Family Law
Family Law is autonomous because it has its own special code and structural principles have been sanctioned: The law of the Family Code.
Family Law is located within the Public Law.