International family law is on the rise since more people are experiencing international relationships. Nowadays, many people travel and spend time overseas more than before, as well as immigration across the country. The internet also plays a significant role. Since it allows people to easily link up and have a relationship with anyone in the world. As a result, there are many relationships in the world now which have an international component.
Definition of Family Law
The definition of the term “international family law” is very complex since it might have a different meaning to every person. For example, in some places, the context of international family law means it covers family law issues that have connections with more than one legal system. Meanwhile, in some parts of the world, it is defined as synonymous with jurisdiction.
The simple understanding of the term “international family law” is it describes all of the family law issues that have an international element. The international element might be a wife or husband, a child, and a spouse-to-be. The case may be the spouses are in another country rather than their origin countries, or the spouses have an asset in another country. It also deals with the case of a child who is away from his origin country.
International family law is domestic family law that applies to the international aspects of a case. It may even include a family that one of the members might be located overseas in the future or have assets overseas. It is a common case as in this globalization era for families to have at least one member, who is out of the country at some point of time.
Area of Practice
The practice of international family law is various, such as divorce, child abduction and relocation, and private children law.
The first thing that needs to be concerned about when spouses come to divorce is the jurisdiction that can certain proceedings. It is because the lawyers may be confronted with jurisdiction races. Which one party wants to divorce in a particular jurisdiction while the other wants to divorce in another jurisdiction.
Child abduction and relocation also one of the most controversial and difficult issues in international family law. Nowadays, it arises due to the massive divorce, and parents want to relocate with their children. Indeed, that relocation has some negative impacts on the children.
There is already substantial research determining the impact of divorce on children. The study concluded that divorce has a risk to children’s well-being, both in short-term and long-term outcomes. For example, children whose parents have divorced tend to have poorer outcomes. As a result, international agreements, such as the 1980 Hague Conventions, exist to fight against child abduction and relocation.
In sum, international family law is not a separate area of law. But rather a more subtle collection of knowledge and experience that touches on various aspects of domestic family law practice. Therefore, lawyers have to experience in international family law work. They can even get advice from more professional lawyers in international family law cases.
The family law relates to family matters which cover several subjects. The most common ones are divorce and child custody. Yet, family law also relates to other subjects such as child adoption and relationships. The family law judgment depends on the decision made by the state or the law department in some countries.
Problems about family matters are even more complicated than crimes. Family members have a close relationship with each other. Whenever there are problems, some of them might not reveal the whole truth, due to their privacy. This is why it is important for everyone who has made a family learn about family law judgment. This is to ensure that none of the family members suffer from serious abuse.
Family Law and Its Overall Process
Family problems still need fair judgment, even if each party has a good and close relationship. Fair judgment can be obtained through the law court, in which the family should make an appeal beforehand. Yet, it also takes a long process that requires patience for each party in the family law problems.
Family Main Problems That Need Fair Judgment
The main problem among married couples who get involved with family law is divorce. There has never been a decrease in the divorce rate worldwide. The number of divorce cases is increasing, with financial problems as the main reason. No wonder, family law regulates several subjects that associate with money and property.
The most common problem is debt. It is hard to avoid the existence of debt among married couples. So far, debt is the main trigger of financial problems within a family. There are lots of cases when either the husband or the wife was suffering from a great number of debts. When it happens, each party might blame the other. This is when a family needs fair judgment. The judgment is based on the contracts, whether they declare the debt is used by one person or both the husband and the wife gets to benefit from the debts.
Next, the family law will guarantee that each family member deserves assets as their rights. This is the importance of having a prenuptial agreement. It is an agreement before the marriage takes place. The agreement relates to the property sharing, whenever they separate, whether it is caused by a divorce or the death of one party.
Most separated couples have problems with this matter, due to the absence of a prenuptial agreement. Usually, the prenuptial agreement will discuss the asset transfer, due to the financial documents that each party has. In this case, each party needs to provide complete documents about their assets, whether they are bank statements, any legal letters, and many more. Those documents can become the main consideration for the family lawyers to make just decisions.
Last but not least is the alimony. This is the allowance that one party should provide for financial support. The obligation is mostly for the man, who has to support his kids after legal separation. So, don’t take the importance of family law understanding for granted. Without deep understanding, each party will suffer both mentally and financially.