Healthy, prosperous families are the guarantor of the peace of society, stability and development of the state.
Family life is an exceptionally special, intimate area of human relationships that cannot be fully regulated by the rule of law. And yet, the development of the family, its well-being is so important for the stability of society that it seeks to regulate family legal relations. The Family Code of the Russian Federation guarantees the protection of citizens’ family rights, prohibits anyone’s arbitrary interference in family affairs, and prescribes legal mechanisms for citizens to fulfill family responsibilities.
Family law – should be considered as a set of legal norms governing personal and property relations derived from them that arise between people on the basis of marriage, consanguinity, adoption, adoption of children in a family for upbringing.
To put it a little differently, Family law is a branch that specializes in regulating family relations, distribution of personal property, raising children, and inheritance. She does not directly deal with family affairs; she is only responsible for those aspects of family relations that are regulated by the state. The connection between civil law and family law is obvious, but it is an independent and specific area.
Ways to regulate legal relations in the family
The state reserves the right to regulate family relations in the following ways:
- a ban on specific actions and behavior of one or more participants in legal relations;
- setting permission for specific actions;
- holding accountable for certain types of behavior;
- setting a specific type of behavior for a participant in legal relations;
- clarification of specific points in the legal system;
- protection of the rights and interests of each family member;
- responsibility for unlawful treatment of other family members.
Family law has the main goal – the regulation of property and non-property relations between close people (spouses and blood relatives). Most often, he is turned to when receiving an inheritance due to the inability to independently regulate fair distribution. In this case, if it is impossible to peacefully regulate the situation, the issue is resolved through the court.
Family law principles
The main and most important principle of family law is the reconciliation of the parties, the strengthening of family ties. It is through an honest legal solution to the issue that the state is trying to extinguish the conflict between the closest people.
Family law principles includes:
- family reconciliation; the maximum possible satisfaction of all parties to the conflict;
- formation of responsibility of each family member for their actions, actions, intentions;
- the ability to protect their rights in any case;
- support, protection and assistance to the family, regardless of circumstances.
Family is one of the main institutions of society, it all starts with it. The state is trying to do everything possible to maintain good relations in every family, to prevent serious conflicts over property and finances (as a rule, it is inheritance and material things that can spoil relations between close people with the greatest force). Thanks to the settled system of the Family Code, it is possible to try on relatives and resolve the acute issue that led to the trial as fairly as possible.
The Family Code regulates only legal relations between people who really have a close blood relationship and between spouses whose marriage is registered in the registry office. Its action does not extend to people who live in a civil marriage.
Equality is spelled out in the Family Code clearly and understandably, this principle applies to independence from citizenship, religion and other features, only recognized incapacity with all the certificates and documents provided can change the situation.
Family law always protects disabled family members, this applies to young children and elderly parents, grandparents. Able-bodied members are obliged to take care of their comfortable life, nutrition, treatment (if necessary).
Family relationships are deeply personal, family law does not reserve the right to intrude into the intimate details of a couple’s life, except in cases where one of the spouses is in danger or this moment will help solve the main and most important problem.
Marriage is the result of the will of two persons and provides for the voluntary entry into this official status. Legal relations in families should be based on good will, primus has no place here. Each of the spouses, adult children have the right to reserve the decision on the occupation, place of residence and other moments of personal choice.
Family lawyers: what can they do and how can they help?
A family lawyer is a lawyer who specializes in dealing with relationships and disputes that have arisen in the family life of people. They concern spouses, children, parents, other relatives. Problems of this nature can appear in every family, but it is too difficult to figure out all the laws and regulations so that you can fully use all your legal rights without having the appropriate knowledge and experience. It is better to hire local family lawyers in Melbourne to resolve these issues.
What kind of disputes is within the competence of a family lawyer?
The list of services of a divorce lawyer dealing with the category of family cases, includes the comprehensive management of the following disputes:
- divorce proceedings (we are talking about families in which there are minor children, one of the spouses is against divorce, is in prison or is a citizen of another country);
- establishment of alimony (for children, one of the spouses, disabled parents);
- division of jointly acquired property (a particularly complex and lengthy process in which the division is not always 50/50, and a lawyer will help protect the property interests of his client); establishing or contesting paternity/maternity;
- determining the procedure for communicating with children, removing obstacles in this matter, determining the place of residence and providing for young children after the parents’ divorce;
- drawing up and contesting a marriage contract; deprivation of parental rights.
The legal aspects on any of the listed issues are spelled out in the Family Code, but the legislation also highlights features, restrictions, clarifications, so the case must be considered comprehensively, taking into account all the available nuances. This is exactly what family lawyers will do.