Family contract is the body of law that relates to the legal issues facing families –Discuss in respect to contracts in family and social matters

Family contract is the body of law that relates to the legal issues facing families –Discuss in respect to contracts in family and social matters


A family agreement is a contract, just like the contract someone might have with an employer or a landlord each party promises to do something in exchange for something the other party promises to do, and both expect parties that they’ll be held responsible for fulfilling their promises. In family law, contracts like these are used to settle the issues that arise when a relationship ends, although they can also be used to settle how a relationship will be managed.

Family contract is the body of law that relates to the legal issues facing families, such as marriage and divorce, adoption and guardianship, succession and inheritance maintenance and alimony, etc. So, deals the regulation of various aspects of family and domestic relations. The field of family law is obviously very large such as in the case of marriage, from the beginning of a marital union until dissolved; family law provides all aspects, such as domestic violence, adoption, etc. A much of this law is legal. Proceeding, however, also plays an important role. The family law rules vary from state to state as an obvious consequence of the social differences in the assemblies of these jurisdictions.

The main objective of this branch of law is to establish the responsibilities and rights of the people involved in family and domestic relationships and society and the nation, toward each other, and the means to enforce those rights.

Family law deals with issues that are of major importance to society. It has been clearly mentioned as the protector of what is essentially the privacy of individuals against laws regulating public life. Religion plays a major role to play in family law and the various religions choose to follow their own rules regarding family law issues that seek to regulate. Religious connotations can therefore be visible in family law although states are increasingly looking to end religion prescribes certain rules that harm the interests of individuals and to achieve uniformity in the rules for different religions.

In the context of Bangladesh, our society has less legally binding agreement in the family and social affairs. The people of Bangladesh are less educated and they are not very aware of the legal agreements. Many problems can be solved if there is a legal contract.

Family contract:

This includes the establishment of family and domestic relations, the rules for the creation of a union – whether partnerships, civil unions or marriage and its termination or dissolution, and the subsequent problems related to this, as the child support alimony,, division of property, custody and the like.

When one thinks of the family court, marriage, divorce, adoption, domestic violence, child abuse and related issues generally come to mind. All these questions, and others, are discussed in family law.

Family law is largely governed by law, but common law precedent plays an important role, too, and these rules and laws vary from state to state. Although the family court is the most well known judicial body for this area of ??the law, the courts and other administrative bodies also share jurisdiction. Many of the tracks provide access to self-help and legal forms for individuals to proceed without a lawyer, but complications can easily arise and retain an attorney is often the wisest decision.

Family contract provides basic legal information on the following topics:[3]

Relationship contract

Domestic contract


Separation CONTRACT


children and spousal support (also known as “maintenance”) CONTRACT

The matrimonial property CONTRACT

Associations adult interdependent (often referred to as “consensual”)

The right of children to parental care CONTRACT

Right to family planning contract

Right to marry and the right to family planning

Real estate law division

Relationship contract:

The usual point of agreements like these is to set the rules on what will happen if the relationship breaks down, although they can also talk about how things will be handled during the relationship. The odd thing about marriage agreements and cohabitation agreements that although they mostly talk about what will happen when a relationship ends, that may happen in a year, in five years or in twenty years, or it may never happen, and it can be very difficult if not impossible to figure out what the family’s personal and financial circumstances might be like at some unknown point in the future when the relationship ends. The most common reason why people enter into a marriage agreement or a cohabitation agreement is to specify how property will be dealt with if the relationship comes to an end, although agreements like these can certainly deal with custody of children and access, the payment or non-payment of spousal support, and the payment of child support. Typically, however, these sorts of agreements just try to preserve a party’s interest in an asset after the relationship has ended. It can be hard to plan ahead of time what ought to happen if there are kids and whether spousal support will need to be paid. In the time between the execution of an agreement and the time a relationship finally breaks down, the parties’ individual circumstances may change in entirely unforeseen ways. It is virtually impossible to predict what a couple’s financial, emotional and family situation might be on the date that their relationship breaks down, if that in fact happens at all. According to Lord Justic Atkin” agreement between husband and wife, and it meant the onus of proof was on the plaintiff.”[4]

So, if there is a contract between them future problem will be avoided.

Domestic agreements

Such as in between a mother and daughter are presumed not to be legally binding unless there is clear intention, For example, IF mother offered to pay her daughter, home to go to law school if she would return from the her graduation. The daughter returned and lived in a house purchased by her mother. She also received maintenance from the rent house collected from tenants. Mother attempted to back out of the agreement and take back the house. The Court held that there was no binding contract. Although there would have been a contract if it was not the domestic parties related, there was lacking evidence to deny the belief against domestic arrangements.[5] If there was a law then daughter could be suing against to her mother but there were no written agreement.


In a divorce law family is so important. If there is a law then a lot of problems can be avoided. Before the law insists that marriage is a permanent relationship defined by the authority of the husband and wife dependence, however, at the same time, the law created the means to escape the relationship. How was this possible? And how wives and husbands experience marriage within that legal system? These are the complexities Hendrik Hartog plums in a study of law schools and their limits.” Exploration of a century of marriage through stories of struggle and conflict extracted from case records, Hartog breaks the fairy tale of the golden age of stable marriage. He describes the many forms of law and defined as marital and spousal identity, and how individuals manipulated and reformed the rules of the American states to meet their needs.” [6] We are witnessing a compelling cast of characters: the wives who tried to leave husbands, rude women who manipulated their marital status for personal benefit, accidental and intentional bigamous, men who killed their wives? Lovers, couples who insisted on divorce in a legal culture that denies them that right. Watching and listening to these men and women caught in the law and escape marriages, we capture images reflected ourselves and our parents, our desires and our anxieties about marriage. Hartog said how our own conflicts and confusions about marital roles and identities are rooted in the history of marriage and legal struggles that define and transformed. If a spouse wishes to terminate their marriage, either party may file for divorce in a court that holds jurisdiction over the proceedings. For starters, the husband or wife should familiarize yourself with the laws of the state in which you reside. Some states only hear divorce cases, if a party meets a minimum residency requirement. Another State may impose additional requirements, such as requiring the parties to be the first legally separated for a certain period of time before the divorce judgment be allowed to continue


Married and unmarried people who enter into an agreement after their relationship has broken down are entering into a separation agreement. A separation agreement is a settlement of the legal issues that crop up when a relationship has ended.

When married couples do not get along with your spouse, then they should be making the decision about separation.

A temporary break can help couples with problems in a marriage or a relationship or may be the first step to end the marriage or relationship that is not working. There should be counseling can help couples talk about their problems and come to a decision, or agree with any decision they make.

The law does not say that once you are married or once you are in a long term relationship that should “stick”The separation should be legal. Couple seeks the advice of an attorney before making a decision, if only to understand fully their rights and responsibilities. Mediation services or counseling can help deal with the problems, agree or decide what to do.

Once you no longer live together, they are considered separate, and no further action is required to be “legal”. However, they will have to draw up terms such as custody and access, child support and spousal support, division of property and pension rights. Some people choose to write the terms of their separation in a separation agreement, although the law does not say they have to do this.

Separation agreement should be written separation agreement usually describes the terms of their separation. Your attorney will advise you on what terms will best protect their interests and their needs. Here are some things to include in an agreement:

• Who has primary custody of the children or if custody is shared;

• The conditions of access to children;

• The arrangements for child support;

• If one spouse pay alimony to the other, and if so, how much and for how long;

• Does the family home will be sold, if not, who will live there;

• Who will pay for the mortgage, repairs and insurance in the home;

• If the house is sold, how to divide the profit;

• How property is divided family, such as pensions, furniture, car radio, and savings;

• Who will pay for insurance policies and who will be the beneficiary;

• How will the adjusted if circumstances change;

• Does the separation agreement form the terms of a divorce settlement.

When maintenance is being discussed, should take into account the child support guidelines. They provide a guide to the level of the pension based on the number of children and income of the paying spouse.

The agreement may also include a term stating that you and your spouse agree not to harass or interfere with each other.

The separation agreement does not have to do as soon as they separate. It can be done at any time before a divorce. However, as soon as they agree on the terms of the separation, the sooner you will be sure that you and your spouse’s rights and responsibilities.

So in my view, in a family has to have a law on the separation of what can help us in the future and misunderstanding.

Parenting contract once:

When a relationship breaks down and parents separate, all of these relationships are affected. This is mostly the case if the resident parent and child move away from the area they previously lived in, either upon separation or at some following point. This can be difficult for the child and for the people who now have limited or no contact with the child.

Parenting time contact is so important for parents and their children. Its gives an opportunity to meet with their children. Access is sometimes called visitation. It can also be termed as parenting time. In general, it is the right of children to visit and have contact with their parents after a separation or divorce. Parents can reach a verbal or written agreement on access or the court may issue an access order.

The boy, who lives most of the time with one parent, usually has access to other parent. Generally, children benefit from a relationship with both parents, and access will be denied only if a judge believes it would be in the best interest of the child.[7]

Right to family planning contract:

In the family the husband and wife should have the right to plan their future? If the husband to force his wife then problem has occurs. So if a contract is there for family planning, then your family will be happy forever. The right of individuals to decide freely the number and spacing of their children has been recognized by the major United Nations conferences on population and development in Tehran in 1968 and in Cairo in 1994. However, the law has not been enshrined in a treaty legally binding human rights and the whole issue of family planning remains a controversial issue for a variety of reasons: fear of coercive family planning programmers; idea that Family planning promotes promiscuity, abortion debate and the status of the unborn child.[8]

Property law division:

In a family, should be a law on the division of property. otherwise, in the future there will be an opportunity conflict between family members, for example, if two brothers started a business together and do not have a contract per cent stake in the business of each part then when a brother wants his own share in the time of need, it would be difficult for the two to get their own share and makes their relationship within the family.


In the context of Bangladesh, there are lots of laws to establish human rights. Women are given priority in some laws and also in some family and social matters laws are established. Legally binding contract in family and social matters make the problems solve more easily and it also helps to tighten the relationship between two parties. Legally binding agreements justifies not only women rights but also all the people in the society. It encourages the relationship with parents with their children. It tries to guard against abuses on the family and other social matters. Overall, family and social matters are very sensitive issues as it is related to our day to day activities and legally binding contract make those activities easier and give a guideline to how you should behave in the society or in a family.

Held (1993) dissents, arguing that “Contemporary Western society is in the grip of contractual thinking” (p. 193) and perforce the instrumental form of rationality that supports such thinking. As with other critics, Held questions the fundamental assumptions supporting a society constructed upon the bedrock of the social contract theory, arguing that such a society defines membership in such a way as to exclude many human beings—women and persons of color, among others—from full and active participation in society.[9]





4. in-marriage.html



7.Held (1993) dissents, arguing that “Contemporary Western society is in the grip of contractual thinking” (p. 193)




[3] Student legal service of admonton.

[4] Lord Justice Atkin approached the case in a different way: , emphasising that there was no “intention to effect legal relations”. That was so because it was a domestic agreement between husband and wife, and it meant the onus of proof was on the plaintiff, Mrs Balfour. She did not rebut the presumption.

[5] Pettit v Pettit [1970] AC 777

[6] Man and Wife in America: A History [Paperback]

Hendrik Hartog (Author)

[7] Right to stake(d)

[8] Right of stake(c)

[9] Held (1993) dissents, arguing that “Contemporary Western society is in the grip of contractual thinking” (p. 193) and perforce the instrumental form of rationality.