Family Law Guide: Marriage, Divorce, and Child Rights

Family Law consists of more than just divorce. It is a broad field covering engagement, marital union, the status of children, adoption, and guardianship (appointment of a guardian).

1. Engagement

Engagement is a promise to marry.

• Breaking off Engagement: If the engagement is broken without a just cause; parties can demand the return of gifts given to each other (Ring, jewelry). Also, expenses made for preparations (Wedding hall deposit, etc.) can be claimed as Material Compensation. Moral Compensation can be claimed for emotional distress.

2. Adoption

Adoption by childless families or foster families is subject to strict conditions.

• Married couples must be married for at least 5 years or be over 30 years old.
• There must be at least an 18-year age difference between the child and the adopter.

3. Guardianship (Vesayet)

A Guardian (Vasi) is appointed by the court for adults who become unable to manage their own affairs due to mental illness, old age, or prodigality. The guardian protects that person’s assets and rights and signs on their behalf.

Frequently Asked Questions

Q: Where is the lawsuit filed where there is no family court? A: In small districts where there is no Family Court, the Civil Court of First Instance hears cases in the capacity of a “Family Court”.

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