Trends In European Family Law In The 21st Century

Because everyone is in some way connected to their family at some time in their lives, the family has long been considered to be one of the most important universal values.

In response to the formation of families and changes in their responsibilities, people’s values are shifting. The norms, beliefs, and patterns of behavior that are widely accepted in a society change throughout time as social relationships develop and strengthen.

People’s families are changing, and these changes are not merely the consequence of the incorporation of cultural heritage from other nations into our national legislation; modern technology is more and more actively implemented into daily routines.

They also bring with them uncertainty, unhappiness, and a drop in the number of people reproducing as the connection between social media and divorce cases is quite obvious.

Other than that, there are some states, where couples don’t even have to undergo the overall procedure of divorce, as they may simply file it online. For example, TX online divorce platforms are, potentially, the most popular ones in the sphere. All the ex-couple has to do is to book the service online and follow a simple algorithm.

The concerns of family and marriage, property and non-property links between parents and children, and various sorts of placement for children who have been removed from their parents’ care are becoming increasingly important.

The existence of a family law defines the responsibility of family members, strengthens the relationships between them, and ensures that a balance is maintained between the rights of individuals, families, and society. This column discusses the advances in European family law that have occurred this year.

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Digital information and social media

Parents’ rights and responsibilities for controlling children’s communication in the digital environment

European countries are increasingly placing a high importance on children’s right to confidentiality above everything else. Parental supervision over social media sites such as Facebook, Instagram, and TikTok is required in most cases.

While private emails, WhatsApp messages, and Facebook messages sent by children are monitored by the government, they cannot be utilized for anything other than safeguarding the well-being of kids in the United States.

Expanding the admissibility of evidence obtained from social networks

Providing the material is publicly available, European courts frequently allow parties involved in family law disputes to introduce evidence obtained from social networking websites.

This sort of evidence is frequently used to gather information about the other party’s behavior, adultery, mental state, way of life, employment, or earnings.

Ethical rules and the use of social networks and digital information in the daily practice of lawyers and in attracting clients

Law firms and attorneys must comply with ethical guidelines, privacy, and confidentiality requirements, both in terms of communication and the subsequent preservation of information and the principles of good faith, indifference, and flawless reputation in the global digital environment.

As a result, social media networks are an extremely effective tool for growing a company’s consumer base.

The child’s voice and decision making

More active involvement of children in family law litigation to better protect their interests

The engagement of children in legal proceedings (such as divorce, adoption, guardianship, and other parental duties) should be recognized as a fundamental right for children under the law. However, even if the views of children are not legally binding, it is crucial for judges to include them in their deliberations.

Diversification of ways to be heard

It is not required for a child to be in court for their voice to be heard. In private appointments with social workers and psychologists and judges, most kids are given the opportunity to express themselves. There will be no third party present for this one-on-one hearing, which is a deviation from the usual procedure.

Individual baseline assessment of “child’s ability to perceive»

It is the judge’s responsibility to evaluate whether or not the minors are capable of expressing their thoughts in courtroom settings. The most typical determinants include the child’s age, academic level, mental health, and ability to draw logical conclusions on his or her behalf.

Even children as young as 10 years old have been allowed to demand their constitutional right to be heard in court by filing a petition with the court.

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Divorce and division of goods

Prospects and intensive use of marriage contracts to choose the applicable law, jurisdiction over divorce disputes and/or the legal regime of marital property

Contracts are the most effective means of resolving both financial and non-financial difficulties between married spouses.

As a result, the number and complexity of prenuptial and postmarital agreements that allow for the selection of the applicable legislation, the jurisdiction over divorce matters, and/or the legal regime of marital property are growing.

Especially when it comes to mixed couples who live or have assets in more than one nation, this topic becomes quite important.

In the future, there is a growing need to protect the weaker party and a fair distribution of financial resources in divorce cases

When it comes to the partition of marital assets, European case law has strayed from strict adherence to the “50/50” formula.

To safeguard the interests of both parties, particularly the weaker party during the division of property, the courts are granted discretionary powers in determining the division of property between spouses, taking into consideration each spouse’s needs as well as their financial or labor contributions.

Alimony

A parent’s main responsibility for the upkeep of their kid is a legal obligation that persists even after a marriage has separated or divorced.

In European nations, it is typical for alimony payments to be limited to a maximum and a minimum amount. To ensure that the children have a reasonable standard of living, the competent authorities can assess the requirements of each child and determine the appropriate amount of child support to be paid.

Another trend that is on the increase is the peaceful resolution of child support disagreements in the agreement between the parents, which is another kind of child support.

When one spouse devotes all of his or her time to running the family and does not have the financial or professional capacities to support themselves, one spouse’s claim for financial help during marriage and after divorce is becoming increasingly prevalent.

Both men and women seek alimony in the same manner when it comes to retaining their other spouse’s custody of the children. In certain countries, civil partners or even cohabiting couples may be entitled to alimony payments.

Trends In European Family Law In The 21st Century
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