Objective Criteria for Family Problems

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This page gives some examples of objective criteria to settle family problems. In a legal problem like this, there are several standard distributive issues. For each issue, different criteria may be used in different countries and in different systems (local practice, informal justice, official justice system). For now, we concentrate on the issues in case the family decides to split up. Later, issues during an ongoing family relationship may be added (dividing work, care, responsibilities; problems like domestic violence):

Contents

[edit] Dividing Assets

[edit] General

Family belongings may include: a house, land, furniture, tools for working on the land, cars, money deposited in a bank. If the family splits up, these assets have to be devidided. If no arrangement is made before or during marriage:

  • Divide equally
  • Other (La Paz Region, Bolivia informal arrangements)
  • Other (Bolivia, formal regime in Civil Code)

Contractual arrangement before or during marriage:

  • Taken as starting point, unless ... (Netherlands, Country B, Country C)
  • Not accepted as starting point, unless ... (UK,

If parties cannot agree which unique assets go to whom:

  • Divide and choose (one party divides, the other chooses (Country C, Country D)
  • Let partners distribute 100 points over assets independently, then use the sharing that maximizes total points (this procedure has a specific name: 'adjusted winner procedure'?)

[edit] House

To be expanded.

[edit] Common Business Interests

To be expanded.

[edit] Debts

  • Divide value equally, unless ...(Netherlands, Country B, Country C)

[edit] Children

[edit] Place of Living of Children

  • The place that is in the best interests of the child (Netherlands, Country B, Country C)
    • This is usually with the parent that took the majority of care for the children before splitting up (often the mother) Netherlands
    • If both parents took equal care, joined custody (and a solution where the children alternate between two places of living) is an option.

[edit] Financial Support for Children

  • This is calculated using the following formula ...

[edit] Contact with Children

For the parent who does not live with the child, the following arrangements are common:

  • One weekend of contact every 2 weeks...(Netherlands, Country B, Country C)

[edit] Decisions Regarding Children

Decisions about schools. Raising children.

  • Parent that has daily care over children.
  • Joint decision making over major decisions, including ....

[edit] Financial Support for Partner with Less Earning Capacity

This is calculated using the following formula ... (Netherlands, Country B, C)

  1. Income -/- minimum income (bijstandsnorm) and unavoidable costs (servicing debts, costs of housing) = Amount available partner A;
  2. Amount available is shared between the partners and the children; 60% available for ex-partner when paying party has no care for children, 45% when he/she has care for children;
  3. Usually, the children are served first from the amount available; then Partner B;
  4. If partner B has income of his/her own, a similar calculation is made as under 1, leading to amount available partner B;
  5. Then the maximum amount due is the amount that gives both ex-partners the same extra income above their minimum income and unavoidable costs.
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