What is the core purpose of family law?
Family law is an area of the legal system that deals with family-related issues, like marriage, adoption and divorce. The core purpose of family law concerns the security of family relationships. Below we have briefly described what types of issues does family law address?
1. The Protection Of Children & Parenting Rights
The family unit formed by a couple who are living together with their children is called the nuclear family. It is the basic family unit, and family law in all jurisdictions is generally designed to protect this basic family form.
2. The Protection Of Live-In Partners & Marriage Rights
While family law was historically developed to protect marriage relationships, today laws like no-fault divorce can end a marriage whether or not the couple still loves each other. These family laws are generally designed to protect the family unit, even when no longer in love.
3. The Protection Of Marriage Rights & Spousal Benefits
The family law in many jurisdictions also protects married couples with spousal benefits like pension rights and health service provisions. Even when family units dissolve, these protections ensure that both partners have some financial support after the family unit is broken.
4. The Protection Of Parental Rights & Child Custody
Family law in all jurisdictions seeks to protect family relationships by trying to decide custody issues in family breakup. Parental rights are generally awarded on a basis of fitness, with family members receiving custody of children when they can provide better for their care.
5. The Protection Of Property Rights & Family Expenses
Family law was originally designed to protect family assets, like family homes and family businesses. While family law is no longer concerned with inheritance issues (a person’s will regulates their death), family laws still deals with family debts or obligations like taxes or family expenses.
6. The Protection Of Marital Property & Inheritance Rights
Canadian family law has become more concerned with family property and family inheritance rights. The family home and family businesses can now be treated the same as other family assets. This change was brought about by the increased contribution of women to family finances, and is reflected in family laws that protect both spouses’ money after marriage.
The family law does not serve a single function or purpose, but is concerned with family relationships and family responsibilities. A family’s family life can be subject to many changes, and family laws are designed to protect the rights of family members in all situations
