Family Law: Is It Time for Reform - Dissertation Example

However, it must be understood that the marriage and civil partnership are not at par with cohabitation. The natural barriers put in place by law are borne by wisdom and sound policy to promote and protect the marriage and family as the basic units of society. The rights and interest of cohabiting couples and their offspring are no less than those enjoyed by married and civil partners however these rights are not found in the family law, particularly those concerning property and hereditary rights.

The lack or exclusion of cohabitation relationship in the coverage of family laws should not be regarded as discriminatory or a transgression of the right to equal protection. It is merely a testament to the State’s responsibility of safeguarding the moral foundation of society that is founded in its most basic unit: the family. The State is however mandated to protect the rights of its citizen no matter what its life choices are so long as the State’s protection does not preclude it to transgress the rights of others.

It is therefore correct to state that the rights of each of the parties in cohabitation partnerships are protected without necessarily falling within the ambit of family law. Contents FAMILY LAW: IS IT TIME FOR REFORM? 1 Acknowledgment 2 ABSTRACT 3 Contents 4 INTRODUCTION 5 REVIEW OF RELATED LITERATURE 13 DISCUSSION 32 CONCLUSION 40 RECOMMENDATION 42 REFERENCES 44 List of Tables and Figures 1.1 National Office of Statistics: Focus on Families 2007 26 1.2 National Office of Statistics: Focus on Families 2007 26 1.

3 from the State of the Nation Report: Fractured Families 28 1.4 National Office of Statistics: Focus on Families 2007 29 Chapter 1 INTRODUCTION Family law is one of the most significant legislation since it relates to the most basic foundation or unit of society—the family. It defines the relationship of individuals involved in intimate or personal relationships bound by marriage or civil partnership. Even as marital or familial relationships usher in bliss to the parties, it likewise turns into a sensitive issue when the relationship is irretrievably broken down.

Family law has legal, moral, emotional and psychological aspects thus it is very difficult to maintain an objective or clinical view. It is when relationships fail that no matter how good the intentions of the parties are when parties severe their relationship someone is bound to get emotionally harmed or scarred. And, in this emotionally charged situation, the parties turn to the judicial system to seek relief and justice to lessen the distress to themselves as well as their children. It is, therefore, the obligation and responsibility of the State to protect marriages or civil partnerships as institutions of human society.

Matrimony and civil partnership are imbued with public interest and not bound by mere scraps of paper or simple contracts which can be discarded or dissolved at will. The marital or partnership bond is the basic foundation for the establishment of conjugal and family life which nurtures and fosters stable family life—it where the values and ethics of a nation are formed thus it must be protected at all times. The burden attached to matrimony and civil partnership may have discouraged individuals to marry or enter into civil partnerships.