Publication date: 10.06.2024
Peculiarities of legal regulation of family relations in different legal systems: a comparative analysis
Introduction
Family law is a fundamental part of every country's legal system, as it regulates the main aspects of personal life, including marriage, divorce, rights and obligations of spouses, child custody and property division. Approaches to the regulation of family relations may differ significantly in different legal systems. This article will provide a comparative analysis of the main features of legal regulation of family relations in the continental, Anglo-American and Islamic legal systems.
Continental legal system
France
France, as a representative of the continental legal system, has a detailed family law:
Marriage:
- Marriage is performed before an official representative of the state, usually the mayor or his deputy.
Property relations:
- Spouses may choose from several property regimes, such as joint ownership, separate ownership, or a contractual regime determined by a marriage contract.
Divorce:
- The divorce procedure can be simplified by mutual agreement or judicial in cases of conflict. The court can determine alimony and child custody.
Germany
Germany also follows the continental legal system with the following characteristics:
Marriage contract:
- Spouses may enter into a prenuptial agreement that defines property relations, including the division of property in the event of divorce.
Divorce:
- A divorce is possible after one year of separation if both parties agree, or three years without consent. The court determines child custody and alimony obligations.
Child custody:
- Priority is given to joint custody of both parents after a divorce, but the court may decide on sole custody in the best interests of the child.
Anglo-American legal system
United States of America
In the United States, family law is regulated at the state level, which leads to significant differences in approaches:
Marriage contract:
- Prenup and postnup agreements can regulate property relations and other aspects.
Divorce:
- Procedures vary from state to state, but in most cases provide for the possibility of divorce by mutual agreement or through a court that determines child custody and child support obligations.
Child custody:
- Custody is often determined based on the best interests of the child, with the possibility of joint or sole custody.
Islamic legal system
Saudi Arabia
Family law in Saudi Arabia is based on Sharia, which gives religious law a key role:
Marriage:
- Marriages are concluded according to religious norms, including a binding marriage contract and mahr (monetary or property compensation to the bride).
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Divorce:
- A man has the right to initiate a divorce (talaq), but a woman can also go to court on certain grounds, such as abuse or failure to fulfill her husband's obligations.
