Лекторки докладно проаналізували разом з учасниками сімейне право за кордоном: ключові характеристики правових систем і термінології Великобританії та США, а саме:

1. Legal Language in Family Law: Key Terms and Phrases for Legal Professionals.

2. Parental Obligations and Children's Rights.

3. The Marriage presumption in English law: how it can arise and how it can be rebutted?

4. Nepotism: is it illegal? 

5. Corporate agreemant and marriage contract: what do they have in common?

У рамках характеристики сімейного права за кордоном акцентовано на наступному:

1. Legal Language in Family Law: Key Terms and Phrases for Legal Professionals

Short Characteristics of Family Law:

• Personal in Nature;

• Evolving;

• Protective;

• Jurisdiction-Specific;

• Regulatory;

• Dispute Resolution-Focused.

Definitions of family law - the body of law related to family relationships especially divorce, child custody and adoption.

Ex. "They said it was their duty to teach parents about family law."

The leading case on the meaning of family in the law is Fitzpatrick v Sterling Housing Association Ltd (The UK):

In Fitzpatrick v Sterling Housing Association Ltd [1999] UKHL 42, the House of Lords considered the legal definition of "family" in the context of tenancy rights under the Rent Act 1977.

The key issue was whether a same-sex partner could qualify as a "family member" for the purpose of inheriting a statutory tenancy.

Definition of Family from Fitzpatrick Case: The court held that the term "family" should be interpreted broadly and not be confined solely to traditional blood or marital relationships. It recognized that long-term, committed, and stable relationships—including same-sex partnerships— could fall within the legal meaning of "family." Lord Nicholls stated that family is defined by the existence of a close, stable, and permanent relationship, rather than solely by legal marriage or biological ties. This judgment marked a shift towards a more inclusive and evolving concept of family in law.

The most commonly cited definition of marriage in the law is that in Hyde v Hyde and Woodhouse (1866) ( the UK): In this case, Lord Penzance defined marriage as: “The voluntary union for life of one man and one woman to the exclusion of all others. It is a legal relationship between persons of the opposite sex. A man’s spouse must be a woman; a woman’s spouse must be a man. This is of the very essence of the relationship, which need not be loving, sexual, stable, faithful, long lasting, or contented.” This definition reflects the traditional view of marriage in English law at the time.

Phrasal verbs:

• Put up with – терпіти, миритися з. She could no longer put up with his abusive behavior and left.

• Look after – доглядати за. The grandparents look after the children on weekends.

• Pay off – виплатити, розрахуватися. He had to pay off his spousal support obligations.

• Break up – розійтися, закінчити стосунки. The couple decided to break up after years of conflicts.

• Take on – взяти на себе (відповідальність). He took on full custody of the children after the divorce.

• Fight for – боротися за. She is fighting for full custody of her son.

• Sort out – владнати (справу, проблему). The mediator helped them sort out their financial disagreements.

• Work out – вирішити (проблему, суперечку). They tried to work out a fair child support arrangement.

• Get back together – зійтися знову. After a short separation, they decided to get back together.

2. Parental Obligations and Children's Rights

Parental obligations and children’s rights are central to family law as they establish the legal framework that balances the responsibilities of parents with the protections and entitlements of children, ensuring the child’s holistic development and well-being.

Parental obligations refer to the legal, moral, and social responsibilities that parents or guardians have toward their children. These duties encompass ensuring the child’s physical, emotional, and intellectual well-being through the provision of basic needs such as food, shelter, education, and healthcare, as well as fostering a safe and nurturing environment.

Parental obligations are grounded in legal frameworks, ethical principles, and societal norms, emphasizing the duty to guide, protect, and support the child’s development into a responsible and independent adult.

Parental Obligations vs. Parental Duties:

Parental Obligations – (батьківські зобов’язання) refer to the broad legal responsibilities imposed on parents by law to ensure the well-being, development, and protection of their children, such as providing financial support, education, and healthcare. These obligations are generally non-negotiable and enforceable by legal authorities to prioritize the child’s best interest.

Parental Duties – (батьківські обов’язки) are narrower and more context-specific responsibilities that parents perform in daily life, arising from ethical, moral, or cultural expectations. These may include nurturing emotional bonds, fostering social skills, or supporting extracurricular activities, which, while not always legally mandated, are essential for the child’s holistic upbringing.

In essence, parental obligations form the legal framework, while parental duties reflect the practical and relational aspects of parenting.

Unusual Parental Rights and Duties Around the World:

• Mandatory Paternity Leave ("Father's Quota") - Introduced in 1993, Norway reserves a portion of parental leave exclusively for fathers. As of 2014, both mothers and fathers are each entitled to 15 weeks of leave. Since 1995, Sweden implemented a similar system. In 2016, the reserved leave for fathers was increased from 8 to 12 weeks.

• Right to Sue Children for Lack of Respect - French law allows parents to sue their children for failing to show respect, which is a recognized duty under French civil code.

• Mandatory Child Participation in Household Chores - In Spain, children must legally contribute to household work as part of their family duties (Article 155 of the Spanish Civil Code).

Children’s Rights:

• Children’s rights are the fundamental entitlements and freedoms afforded to individuals under the age of 18, aimed at protecting their dignity, development, and well-being.

• Rooted in international conventions such as the UN Convention on the Rights of the Child, these rights include the right to education, health, identity, freedom from abuse and exploitation, and participation in decisions affecting their lives.

• Children’s rights recognize their unique vulnerabilities while empowering them as active members of society, ensuring equal opportunities for growth and protection from harm.

"Children's Rights vs. Children's Freedoms: "

Children's rights - refer to the legally recognized entitlements of children that ensure their well-being, development, and protection. These include the right to education, healthcare, a safe environment, and protection from abuse or exploitation.

Children's freedoms - pertain to the liberties children can exercise independently, such as freedom of thought, expression, and participation in decisions affecting their lives, as appropriate for their age and maturity. While rights are fundamental and non-negotiable, freedoms often depend on the child's evolving capacity and the broader legal framework balancing autonomy and parental guidance.

Autonomy of the child refers to the gradual recognition of a child's capacity to make decisions and express their own will, as they mature physically, emotionally, and intellectually. It is rooted in the principle of evolving capacities, where children gain increasing control over their lives in alignment with their age and development.

Convention on the Rights of the Child (UNCRC). Articles 12–16 of the Convention emphasize the child's right to freely express their views, participate in decisions affecting their life, and enjoy freedoms of thought, conscience, and association. These rights underscore the balance between protection and independence in family law.

Parental Decision-Making: Parents are obligated to act in their child's best interests while progressively respecting their autonomy as they mature. For instance, a teenager might have a say in their educational choices or healthcare decisions, reflecting their evolving capacity.

3. The Marriage presumption in English law: how it can arise and how it can be rebutted?

Presumption of marriage - common law presumption where a valid marriage is presumed, as there is evidence of the components of marriage.

The purpose of Marriage presumption financial relief:

• if the marriage is valid, the wife has access to the financial remedies flowing from – divorce;

• if the marriage is "void", the wife still is able to bring her claim for financial relief;

• if the marriage is treated as a "non-marriage" the wife has no claim to financial provision from the husband.

The presumption arises from:

1. Cohabitation and reputation.

Where parties have cohabited for such a length of time and in such circumstances that they have acquired the reputation of being spouses, a lawful marriage between them will be presumed, even if there is no positive evidence of any marriage ceremony having taken place (Cunninghams v Cunninghams (1814) 3 ER

939; Re Taplin, Watson v Tape [1937] 3 All ER 105).

2. Ceremony followed by cohabitation.

Where there is evidence of a marriage ceremony, followed by the parties cohabiting, a valid marriage will be presumed, absent decisive evidence to the contrary (Hayatleh v Modfy [2017] EWCA Civ 70; Pazpena de Vire v Pazpena de Vire [2000] All ER (D) 201).

Case review:

MA v JA and the Attorney General [2012]

Facts:

The petitioner and respondent underwent a ceremony of marriage in a mosque in 2002. The mosque was registered for the solemnisation of marriages under s.41 of the Marriage Act 1949 (MA 1949). The ceremony was conducted by an Imam.

The petitioner and respondent intended that the ceremony would create a valid marriage under English law. The Imam believed he was 'only' performing the religious ceremony. It was agreed that the ceremony did not comply with the requirements of the Marriage Act 1949. The petitioner and respondent sought a declaration that the marriage was a valid marriage at its inception.

Decision:

1. The presumption of marriage did not apply in this case as the evidence clearly established that the requirements of the Marriage Act 1949 were not fulfilled and the presumption could not be relied upon to establish that they were.

2. Notwithstanding the above the marriage ceremony was in its character 'of the kind' contemplated by the Marriage Act 1949. It was conducted in an authorised building in the presence of an authorised person. A marriage was therefore created.

3. The marriage was not void as the parties did not knowingly and wilfully breach the requirements of the Marriage Act 1949.

4. Nepotism: is it illegal?

Nepotism - the act of using your power or influence to get good jobs or unfair advantages for members of your own family.

Nepo workers in the UK:

London has the highest rate of ‘Nepo workers‘ in the UK, as half of Londoners have been handed a job because of personal connections. A poll of 2,000 working-age adults conducted by recruitment software firm Applied found the capital beat out Liverpool, Belfast and Plymouth to be the UK’s top city for nepotism, with exactly 50% saying connections gave them a job. Of those workers, one in eight said they had entered a senior management position because of personal links, while 38% entered middle management.

Is nepotism illegal?

Generally – no but:

• Unjustified refusal in employment;

• Discrimination;

• Public service restrictions.

Public service restrictions:

The US Code (The Code of Laws of the USA) §3110. Employment of relatives; restrictions:

(a) A public official may not appoint, employ, promote, advance, or advocate for appointment, employment, promotion, or advancement, in or to a civilian position in the agency in which he is serving or over which he exercises jurisdiction or control any individual who is a relative of the public official.

(c) An individual appointed, employed, promoted, or advanced in violation of this section is not entitled to pay, and money may not be paid from the Treasury as pay to an individual so appointed, employed, promoted, or advanced.

(d) The Office of Personnel Management may prescribe regulations authorizing the temporary employment, in the event of emergencies resulting from natural disasters or similar unforeseen events or circumstances, of individuals whose employment would otherwise be prohibited by this section.

5. Corporate agreemant and marriage contract: what do they have in common?

Marriage contract:

• is concluded at the request of the parties both before the registration of the marriage and at any time after its registration by the spouses.

• may include a number of different issues, but mainly provides for the determination of the property rights of the spouses in the event of a divorce. A marriage contract cannot regulate personal (non-property) relations of the spouses, as well as personal (non-property) relations between them and children.

The marriage contract provides for the property rights and obligations of the spouses, in particular issues related to the right of ownership of movable and immovable property acquired before and during marriage, property received as a gift or inherited by one of the spouses, issues related to the maintenance of the spouses , as well as the property rights and obligations of the spouses as parents and others.

The marriage contract may also contain a provision that the provisions on joint property do not apply to property acquired by them during the marriage and that this property be considered joint partial property or the personal private property of each of them.

Corporate agreement:

A Corporate agreement («Shareholders’ agreement») is an agreement between the members of the company, their personal arrangements with each other. A Corporate agreement is first and foremost a contract, and there may be several of them.

An agreement under which the company's participants undertake to exercise their rights and powers in a certain way or to refrain from exercising them shall be made in writing. A corporate agreement may be paid or free. Additional parties to a corporate agreement may also be the company itself and third parties. A corporate agreement that does not meet these requirements is null and void. (Article 7(1) of the LLC and ALC Law).

The CА may provide for the conditions or procedure for determining the conditions under which a participant has the right or obligation to buy or sell a share in the charter capital (part thereof), as well as determine the cases when such a right or obligation arises.