Family Law
Read the text and compare with the situation in Bulgaria.
Family law covers domestic relations such as: marriage, divorce, adoption, guardianship, etc. Common law views marriage as a contract between two persons having the necessary capacity which affects the legal status of each of them and imposes rights and obligations of a special kind: “Marriage is a voluntary union for life of one man and one woman to the exclusion of all others.” Hence, the voluntary consent of the parties is essential and all forced marriages and marriages by deceit, i.e. misinterpretation of the essential nature of the transaction, or by mistake, i.e. material mistake, are void. A petition for divorce can be submitted to the court. The British Family Law Act, 1996 sets out the general principles of divorce: a) The institution of marriage is to be supported; b) The parties to the marriage which may have broken down are encouraged to take steps to save the marriage; and c) A marriage which has irretrievably broken down should be brought to an end with minimum distress to the parties and any children, in a manner to promote a good continuing relationship and to stop unreasonable costs from the process. Any risk of domestic violence to one of the parties should be removed or diminished. Bulgarian Family Code allows divorce at mutual consent expressed by both parties. An adoption order made by a court extinguishes the rights, duties and obligations of the natural parents or guardian and vests them in the adoptive parents. Once adopted the child is deemed to be the legitimate child of the adopters to the formal exclusion of almost all ties with its former relatives. The relationship of guardianship exists between an infant (ward) and a person who has the right of custody on him or her and ensures his or her maintenance, education and welfare. These are powers normally exercised by parents but under different circumstances they can be entrusted to someone else.
Family law covers domestic relations such as: marriage, divorce, adoption, guardianship, etc. Common law views marriage as a contract between two persons having the necessary capacity which affects the legal status of each of them and imposes rights and obligations of a special kind: “Marriage is a voluntary union for life of one man and one woman to the exclusion of all others.” Hence, the voluntary consent of the parties is essential and all forced marriages and marriages by deceit, i.e. misinterpretation of the essential nature of the transaction, or by mistake, i.e. material mistake, are void. A petition for divorce can be submitted to the court. The British Family Law Act, 1996 sets out the general principles of divorce: a) The institution of marriage is to be supported; b) The parties to the marriage which may have broken down are encouraged to take steps to save the marriage; and c) A marriage which has irretrievably broken down should be brought to an end with minimum distress to the parties and any children, in a manner to promote a good continuing relationship and to stop unreasonable costs from the process. Any risk of domestic violence to one of the parties should be removed or diminished. Bulgarian Family Code allows divorce at mutual consent expressed by both parties. An adoption order made by a court extinguishes the rights, duties and obligations of the natural parents or guardian and vests them in the adoptive parents. Once adopted the child is deemed to be the legitimate child of the adopters to the formal exclusion of almost all ties with its former relatives. The relationship of guardianship exists between an infant (ward) and a person who has the right of custody on him or her and ensures his or her maintenance, education and welfare. These are powers normally exercised by parents but under different circumstances they can be entrusted to someone else.
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