We may say that U.S. family law is in chaos for many reasons. Federal, state, and administrative bodies enact and apply constitutional, statutory, and judge-made laws.
Together these laws regulate families and family life, but it is a struggle to find a thematic connection between one doctrine and the next one. The chaos that results is apparent not just to those who practice law or ponder it in the academy, but to any person who reads the newspaper.
Marriage promotion programs coexist with statutory schemes that promise speedy and painless divorces – for instance, many couples divorced and stopped the agony of living together, living in bad occasions, emotionally and physically. Same-sex couples and their families receive public benefits and protections in many cases, while proponents of the Defense of Marriage Act, state constitutional amendments, and the proposed Federal Marriage Amendment seek to withdraw or minimize those benefits and protections.
Parents’ rights (especially those of married parents) can receive greater consideration than the best interests of their children. The list goes on.
But is there a deeper coherence that unifies diverse family laws? If so, what is it? If you examine those questions you would probably reach two basic conclusions. First, there is an imperfect coherence to family law as it now exists, because there are two principles present -Biblical traditionalism and liberal individualism, combined to explain its central concepts. Second, each of these principles is individually flawed, and, taken together, they are too often in unproductive tension. These conflicting concepts thus doom U.S. family law to incoherence.
Biblical traditionalism embraces a premodern notion of natural law molded by Biblical scripture and Judea-Christian doctrine. It dictates a normative view of the so called moral family.
Liberal individualism emphasizes the atomistic individual and safeguards freedom in a secular and pluralistic society. Through analysis of these powerful principles, we can explain what modem U.S. family law is, but it doesn’t mean that we will come to perfect family law principles at all. Perhaps, it might be needed to develop a new normative jurisprudence of all the laws that regulate families, to make one big project of analysis of the all legal practices that govern families. For more information visit long beach family law lawyer. Read More
The whole idea about making marriage contract may seem unnecessary to many people and even offensive to some. That is because almost every marriage starts with full clip of respect, love and trust. It is left for the future spouses to decide anyway, but, you should keep in your mind that the courts all across the states are full of ex couples that are spending many years on exhausting processes on the division of assets and no one can tell that that was their plan – they used to have all those optimistic ideals once, in the beginning of their adventure.
Marriage contract can be concluded not just by married couples, but also by those that live in extramarital community – that is the boyfriend and girlfriend that intend to become spouses once and are planing to live together and get married once. For those future life partners, the contract will be activated at the beginning of living together, apropos time of getting married.
The contract can define the ownership status of singular items, such as TV, PC etc. and also it could set some basic criteria for ownership determination, such as all more valuable items.
Marriage contract cannot regulate some issues that are the matter of material but not related to ownership. Parts of the contract that encroach in these questions are considered legally invalid.
To make valid marriage contract, it must be compounded in written form, signed by both sides and certified by the competent court. Beside that, marriage contract that regulates ownership over real estate ( apartment, house, farm…) must be registered in real estate register. The judge can refuse to certify marriage contract – if there is indications that any of contract sides agreed the terms under the pressure of, or driven by a delusion. Maybe you need help from criminal lawyer Westchester , visit our page and found out more.
The conjugal concept found its most significant expression in early U.S. family laws implementing the Biblically derived unity of husband and wife early family law rules, like those found in the New Testament, declared the marital couple a single unit headed by the husband.
That unity took legal form in the doctrine of coverture, in which the wife’s legal personhood became subsumed into her husband’s. Wives ceased to exist as separate legal entities and were unable to execute legal documents or own assets without their husbands’ cooperation. Other aspects of Biblical tradition were present in early American law which included the importance of free consent for the creation of a valid marriage and the theoretically indissoluble nature of marriage. While the latter reinforced the importance of conjugality, the former foreshadowed the increasing importance of the concept of contract in family law. In many important respects, facets of the principle of Biblical traditionalism and the concept of conjugality continue to be embodied in and effectuated by U.S. family laws.
These rules define and carefully describe membership in marriage and the marital family, establish unalterable terms governing the intact marriage, viewing the conjugal couple in many respects as a single unit, presume marriages to be enduring and require a state declaration for legal dissolution.
State restrictions on consensual non-marital and extramarital sexual activities persist. The continued vitality of the concept of conjugality is evident, moreover, in the widespread perception that the marital family is the natural and morally superior family form.
The Defense of Marriage Act, the proposed Federal Marriage Amendment, and proliferating state constitutional amendments are restricting marriage to opposite-sex couples all seek to reinforce traditional conjugality.
Because much opposition to homosexual marriage stems from beliefs with origins in Biblical traditionalism – these notable examples may represent either lingering or renewed willingness to embrace legal rules whose justifications lie almost exclusively within that tradition. The concept of conjugality supports another concept-family privacy. In many respects, U.S. law continues to view the conjugal couple as an impenetrable and indivisible unit. The metaphor of unity, combined with the concept of the male’s individual rights as head of that unit, historically shielded the family from state interference. If you want to know more about Injury attorney Fresno please visit our page. Read More