International Family Law: Definition and Practice

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.

Definition of Family Law
Definition of Family Law

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.

Family Law
Family Law

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.

10 Article of the Bill on Family Resilience in Indonesia
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10 Article of the Bill on Family Resilience in Indonesia

10 Article of the Bill on Family Resilience in Indonesia

10 Article of the Bill

10 Article of the Bill on Family Resilience in Indonesia. The polemic of the Bill of Family Resilience continues to this day. Most recently, a member of the Legislative Body of the Indonesian House of Representatives from the Golkar faction, Nurul Arifin, assessed that this bill seemed to want to interfere with citizens’ households.

“This is the spirit why we take care of other people’s households?” said Nurul in a meeting at the Legislation Body, Thursday, November 12, 2020.

In the draft received by Tempo, this bill consists of 146 articles and 15 CHAPTERS. There are a number of controversial articles and here are 10 of them:

  1. Obligations of Husband and Wife

The husband has four obligations, one of which explains the household needs according to his ability. Meanwhile, the wife has three obligations, one of which is to manage household affairs as well as possible.

  1. Reproductive Technology May

Article 26 states that husband and wife have the right to obtain offspring with scientific or reproductive technology.

  1. Sperm and Ovum Donors Haram

Article 31 regulates that the practice of selling sperm or ovum is haram or prohibited. This includes donating voluntarily, accepting, persuading others, to facilitating.

  1. Forbidden Surrogation

Article 32 stipulates that every person is prohibited from carrying out surrogation to obtain offspring.

  1. IDR 500 Million Fine

Article 139 states the penalty for buying and selling sperm or ovum and surrogation, namely 5 years in prison and / or a fine of IDR 500 million. But if the position persuades or facilitates, then specifically for the jail sentence is 7 years and a fixed fine.

  1. Additional Fines of IDR 5 billion

If the sale and purchase of sperm and surrogation is carried out by the corporation, the punishment will be heavier. There is no imprisonment, but a fine of up to Rp 5 billion.

  1. Obligations and Rights of Parents

Article 99 regulates 10 obligations and 8 rights of parents. One of the obligations of parents is to prevent child marriage. Meanwhile, one of the rights of parents is to direct their child’s religion according to the religion of the parents.

  1. Sadism, Homosexuality, and Lesbians

Article 74 states 6 causes of family crisis, one of which is sexual deviance. Then Article 87 stipulates that adults who experience sexual deviations. Are required to report to the body that deals with family resilience. The goal is to get treatment and care. There are four types, namely sadism, masochism, homosexuality and lesbian incest.

  1. Role of Community

In Article 131, it is stipulated that the community plays a role in family resilience.  One of which is that they can participate in providing advocacy for solving family problems.

  1. Medals for Outstanding Families

In Article 135, there are regulations regarding awards and support. One of them is that the government can reward families and communities who excel in organizing family resilience. In the form of certificates, http://206.189.95.172, placards, medals, fiscal and non-fiscal incentives.