Family Law Essentials for Exit Exam

Questions and Answers

What are the three nodes of celebration of marriage according to the marriage laws?

Religious, customary, and before the office of civil status.

What are the two main ways a marriage can be dissolved by operation of law?

By death or declaration of absence and by violation of essential conditions of marriage.

What are the two approaches to divorce adopted in Ethiopia?

Consensual (fault-based) and non-fault based.

What is a major argument against the non-fault based approach to divorce?

It is considered an 'empty shell,' providing little value in forcing couples to stay married. Signup and view all the answers

From a human rights perspective, why is the right to divorce important?

It ensures individuals are not forced to remain married against their will. Signup and view all the answers

What is the definition of family according to the provided content?

A family is a group of persons united by marriage, filiation, or exceptionally by adoption. Signup and view all the answers

What is the implication of a couple being forced to stay married?

It may violate their rights to marry and to family life. Signup and view all the answers

What are the two common forms of family mentioned?

Nuclear family and extended family. Signup and view all the answers

What is a relationship by consanguinity?

A relationship by consanguinity results from birth or descent from common ancestors. Signup and view all the answers

What does mutual consent in the context of marriage dissolution refer to?

It refers to both spouses agreeing to dissolve the marriage. Signup and view all the answers

What are the two forms of consanguinity relationship?

Direct line relation and collateral line relation. Signup and view all the answers

Which legal systems primarily adopt the non-fault based approach to divorce?

Most legal systems, including the RFC and regional family laws of Ethiopia. Signup and view all the answers

How is the degree of relationship determined in collateral relationships?

By counting the number of generations from the common ancestor and adding the degrees of two lines. Signup and view all the answers

What is a nuclear family?

A nuclear family consists of a married man and woman along with their offspring. Signup and view all the answers

What characterizes an extended family?

An extended family consists of two or more nuclear families linked through parent-child relationships. Signup and view all the answers

What are the foundational concepts of family law?

Foundational concepts include the understanding of family structures, relationships by consanguinity, and legal recognition of familial bonds. Signup and view all the answers

What negative impacts were identified with the fault-based approach in divorce according to the RFC?

Negative impacts include reduction of common property as punishment and long litigations due to the difficulty of allocating blame. Signup and view all the answers

Why did the RFC adopt a non-fault based approach for divorce in Ethiopia?

RFC aimed to balance between the negative consequences of the fault-based approach and the need for simple grounds for divorce. Signup and view all the answers

Is arbitration compulsory or optional under the RFC in Ethiopia?

Arbitration under the RFC is optional. Signup and view all the answers

What are the justifications for compulsory arbitration under the civil code of Ethiopia?

Justifications include preserving a respected tradition, the qualifications of arbitrators, and reducing court burdens. Signup and view all the answers

List some common features of arbitration under the Ethiopian civil code.

Common features include being compulsory, not necessarily before full-time arbitrators, and a focus on reconciliation. Signup and view all the answers

What effect does living separately for a long period without divorce have on the marriage?

It can lead to pecuniary effects that may differ based on the circumstances and position taken regarding separation. Signup and view all the answers

What is one of the major criticisms against the fault-based approach in divorce cases?

A major criticism is the difficulty in determining who is at fault, as only spouses can provide witness accounts. Signup and view all the answers

How does the option for divorce by mutual consent differ from divorce by petition in the RFC?

Divorce by mutual consent does not require stating a reason, while divorce by petition may involve stating a reason or not. Signup and view all the answers

What does Article 8 of the UNCRC state regarding a child's right to identity and secrecy?

It states that a child has the right to know their original family while also balancing the adopters' right to keep the adoption confidential. Signup and view all the answers

What are considered unlawful acts in intercountry adoption?

Offering or receiving money or valuables for the relinquishment or acceptance of a child for adoption is deemed unlawful. Signup and view all the answers

Is it possible to revoke an adoption, and under what conditions?

Generally, an adoption approved by the court is not revocable, but it can be revoked under specific grounds mentioned in Article 195(2). Signup and view all the answers

What does Article 806 of the civil code state about the nature of adoption?

It states that adoption is irrevocable, regardless of the reasons presented. Signup and view all the answers

What are the primary sources of the obligation to supply maintenance?

The obligations arise from law and contract. Signup and view all the answers

Who are the parties typically obliged to supply maintenance according to Article 198 of the RFC?

Obligors may include spouses, ascendants, descendants, brothers, and sisters. Signup and view all the answers

What are the necessary provisions a person must supply for maintenance?

Necessary provisions include food, lodging, clothing, healthcare, and education. Signup and view all the answers

Are adoptees included in the obligation to supply maintenance?

Yes, a person is obliged to supply maintenance to their adoptee or adopter. Signup and view all the answers

What are the two key aspects regarding the status of a child at birth?

<ol> <li>The woman was not confined at the time of the child's birth. 2. If confined, the child delivered is not the one whose status is in question.</li> </ol> Signup and view all the answers

What permission must a petitioner obtain for establishing maternal affiliation?

The petitioner must obtain permission from the court. Signup and view all the answers

What are the three major modes of ascertainment of paternity?

<ol> <li>Presumption of paternity. 2. Acknowledgment. 3. Judicial declaration.</li> </ol> Signup and view all the answers

What is the first basic element of presumption of paternity?

The existence of a legally prescribed union between the mother and a certain man. Signup and view all the answers

What must occur for a child to be considered born or conceived within a legally provided union?

The child must be born or conceived during the marriage or irregular union. Signup and view all the answers

Is cohabitation necessary in an irregular union for it to be recognized legally?

Yes, cohabitation is essential in recognizing an irregular union. Signup and view all the answers

Is there a duty of fidelity in an irregular union similar to that in marriage?

The law does not explicitly impose a duty of fidelity in an irregular union, but it may be inferred by analogy. Signup and view all the answers

What does Article 652(1) of the criminal code of Ethiopia state regarding adultery?

It limits criminal liability for adultery only to those in marriage. Signup and view all the answers

Study Notes

Definition and Sources of Family Law

Family defined as a group of persons united by marriage, filiation, or adoption, characterized by common residence, economic cooperation, and reproduction.
Common forms of family include:
- Nuclear family: a married couple and their children.
- Extended family: multiple nuclear families related through parent-child connections.
Three primary sources establish family relationships:
- Relationship by consanguinity: based on blood relations, either direct (from parents to children) or collateral (siblings or cousins).
To determine the degree of collateral relationships, two methods exist:
- Civil law system: count generations from a common ancestor and add degrees.
- Marriage proof: parties can prove status through valid marriage ceremonies.

Dissolution of Marriage

Marriage dissolution may occur:
- By operation of law (e.g., death, absence).
- By petition of one spouse or by mutual consent.
Two main approaches to divorce in Ethiopia:
- Consensual or fault-based: both parties must agree on grounds for divorce.
- Non-fault based: either partner can initiate divorce without attributing fault, reflecting a more modern approach.
The Ethiopian Family Code (RFC) favors the non-fault approach to avoid prolonged disputes and to respect individual rights.

Arbitration in Family Law

Under the RFC, arbitration for family disputes is optional, contrasting with the civil code, where it is compulsory.
Justifications for compulsory arbitration in the civil code:
- Preservation of a respected tradition for resolving disputes.
- Arbitrators typically have more qualifications compared to regular judges.
- Reduces the court's burden and lowers costs for individuals involved.

Implications of Separation in Marriage

Separate living without divorce influences financial obligations and parental rights:
- Women not confined at childbirth or cases where paternity is in question allow disputes over maternal filiation; judgments require court permission to challenge.
Modes of ascertainment for paternity include:
- Presumption of paternity, acknowledgment, and judicial declaration.

Adoption and Maintenance Obligations

Adoption:
- Typically irrevocable once approved by the court, with exceptions stated in the Family Code.
- Focuses on the child’s need for a family rather than economic interests.
Maintenance obligations imposed by law include providing for necessary livelihood needs such as food, shelter, clothing, and education.
Key obligations under the RFC:
- Maintenance obligations extend to spouses, ascendants, descendants, and also adoptees or adopters, signifying a broader familial duty.

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Description

This short note provides essential points and provisions from the Family Code necessary for understanding the foundational concepts of family law. It aims to streamline your review process as you prepare for the exit exam. Focus on the key aspects outlined to grasp the rationale behind the relevant provisions.