Applied Legal English 實用法律英語
Family and Marital?Law 家庭婚姻法
Words and expressions:
* Marriage 婚姻
* Marital communications privilege 婚姻特權
* Age of consent 結婚年齡，承諾年齡
* Spousal right 婚姻權
* Matrimonial action 婚姻訴訟
* Bigamy 重婚
* Spousal support 離婚贍養費
* Void marriage 無效婚姻
* Valid marriage 有效婚姻
* Minor children 未成年子女
* Marital property law 婚姻財產法
* Divorce 離婚
* Grounds for divorce 離婚理由
* Abandoned child/spouse 被遺棄的孩子或配偶
* Legal effect 法律效力
* Annulment of a marriage宣告婚姻無效
* Filiations 私生子父親的確定
* Legitimate children 婚生子女
* Absolute divorce 絕對離婚。在美國一些州，還有其它的方式結束婚姻，如法律上的分居和解除婚約。
* Separation and relieve the engagement 分居和解除婚約
Family law covers marriage formation; the legal effects of marriage; marriage termination by divorce, separation and annulment, filiations, and family support obligations。
In all the other parts of family law, extensive code revision has taken place under the influence of three major trends:
1). Liberalization of divorce
2). The equalization of the position of women in the areas of family-decision making and property right.；
3). The assilimilation of the status of children born outside legal marriage to that of legitimate children.
The legal regime is typically a form of community property, usually with pre-marital property and property acquired through gift or inheritance keep separate if it can be identified as such. The modern trend favor forms of the so-called “deferred community”, in which the spouses are treated as separate owners of whatever they respectively acquire during the marriage. But property acquired during the marriage is divided equally upon its termination by divorce or death.
三個主要的趨勢影響到家庭法的修改：1). 離婚的自由化;? 2). 婦女在家庭決策中的平等地位以及財產權方面的平等化；3). 非婚生子女與婚生子女地位平等。
Void marriage: a void marriage is one that void and invalid from its beginning. It is as though the marriage never existed and it requires no formality to terminate it. 無效婚姻是指婚姻從一開始就是無效的，好像它從未存在過，并且終止這個婚姻不需要任何的形式和規定。
Spousal right: spousal right is an entitlement that is legally enforceable. 婚姻權是指一個配偶可以從另一個配偶處繼承財產的權利。
Matrimonial action: matrimonial action refers to a lawsuit for the purpose of establishing or altering the marital status of the parties through an annulment or a divorce. 婚姻訴訟是指為了建立或改變婚姻當事人的關系而通過宣告婚姻結束或離婚而進行的訴訟。
Grounds for divorce: grounds for divorce is the legal reason a divorce is granted. There are two kinds of grounds: fault or no fault. 離婚理由是指批準離婚的合法原因，有兩種理由：過錯或無過錯。
Bigamy: bigamy is the act of marrying a second time while one is still married to an other person. 重婚是一場婚姻繼續存在的時候又與別人結婚的行為。
Divorce in the United States:
– Must the person who seeks an absolute divorce fulfill certain residence requirements?
– Yes, each of the states has a specific requirement. The party who seeks a divorce under the laws of one state must actually have resided in the state or county where the divorce suit is filed for the time required by statue.
– Are there any restrictions on remarriage by the parties to a divorce?
– In some states the parties to a divorce cannot remarry with a certain period of time unless they remarry each other.
– What are the grounds for an absolute divorce in the fifty states?
– Variously depending on the state, adultery, alcoholism, cruelty, desertion, fraud, imprisonment, incompatibility, indignities, separation and irreconcilable differences leading to breakdown of marriage.
– A wife confess to her husband that she has committed adultery. He forgives her, continues to live with her, and has sexual relation with her. Later, he changes his mind, and seeks to obtain a divorce. Will he succeed?
– No. in forgiving the adultery, the husband forfeited his right to a divorce on his ground. However, should the wife again commit the adultery after the forgiveness, the husband would have an action, since the forgiveness is merely conditioned on the wife’s future behavior.
– What constitutes personal indignities? 什么是人身侮辱？
– Personal indignities usually consist of a course of conduct calculated to make the life of the complaining party intolerable. They may consist of acts of rudeness, haughtiness, and humiliating insults, abusive language and so on… In mental cruelty the act complained of is dangerous to the health or life of the spouse; In personal indignities, all that is necessary is to prove that the acts of one spouse make the other’s life unbearable. www.ppzljb.tw
– What are incompatibility or irreconcilable differences which have caused marital breakdown?
– In any of the states where either of these is a ground for divorce, a decree will be granted when it is conclusively shown that the married couple is incapable of existing together in peace and harmony. The incompatibility may be sexual, intellectual, financial, religious, or temperamental.? Basically, incompatibility or irreconcilable differences should be the only grounds for divorce in a civilized society since they go to the very essence of marriage validity.
– Is what way is fraud a ground for divorce?
– Fraud, as a ground for divorce, is the use of any deceitful practice or device to induce one person to marry another.
– Is the rate of divorce increasing or falling in the United States?
– It is increasing because of the changing views towards marriage.