The church handled legal issues concerning families, but due to the separation of church and state, family law is now under the jurisdiction of civil courts. Requirements for adoption, paternity, divorce, marriage, and matrimonial conveyancing were created to protect the rights of concerned parties.
Understanding the different areas of family law is essential. Although it’s an emotionally charged area of law, it was designed to provide fairness to all parties involved. This article aims to help families resolve their legal disputes.
Separation is a complicated thing, and selling or separating property can be challenging for both parties. Issues such as contributions from relatives and friends or bank loans need to be addressed. Under the law, matrimonial property is defined as acquired assets belonging to parties before the separation or dissolution of marriage.
Matrimonial conveyance helps partners reach an agreement in enforcing equitable rights for both parties. Conveyancing in Townsville, for example, requires a licensed conveyancer or solicitor to avoid legal impediments. Seeking legal advice and representation is recommended.
Opposite of a “nuclear family,” a one-parent family is composed of a mother or father with a child or children under the age of 18. These parents might be widowed, separated, divorced, or a parent who prefers to be single. In the United States, around 18 million children are raised by a single mother or father.
Raising a child or children on their own is also beset with problems and legal issues, such as child support, visitation and custody rights, and at times house discrimination. Under the law (Fair Housing Act), single parents are protected from discrimination based on their marital status and gender. No one-parent family should be denied a home or shelter. Raising a child as a single parent isn’t easy, and the law will protect families against bias or prejudice.
Emancipation is another area of family law in which the court finds a minor fit to live as an adult. The emancipated child will be granted the privileges, rights, and duties of an adult. Once emancipated, the minor’s parents do not have legal responsibility for their child and cannot claim his or her earnings.
To apply for emancipation, a minor should be at least 14 years old and can prove that he or she can support himself or herself financially. Other ways of getting emancipated are joining the military service and getting married. However, the emancipated minor is advised to follow state laws before getting married.
Parenthood via Surrogacy
Some couples opt for surrogacy to complete their families. Around a thousand gestational surrogacies happen annually in the United States. Surrogate mothers are for couples who cannot conceive a child by natural means, including same-sex couples who opt for this arrangement over adoption. Surrogacy agreements are drafted in compliance with local state laws to avoid future legal concerns. The law assures that the child born under surrogacy will be granted an identity, citizenship, and safety.
Laws were placed to protect families from prejudice and abuse. Everyone should be aware of the law as ignorance of it is not accepted. The state will always do what is best for its constituents, even if situations are too “personal.”