The Changing Concept of ‘Family’ and Challenges for Domestic Family Law
Edited by Jens M. Scherpe
Chapter 13: The changing concept of ‘family’ and challenges for family law in Slovenia
Slovene family law regulates three forms of life union partnerships: marriage, extramarital unions and registered unions of same-sex partners. The first two forms of life union are intended only for partners of the opposite sex and are regulated by the Marriage and Family Relations Act, while a registered same-sex partnership is regulated separately from the other two heterosexual life partnerships, by a special law: the Registration of Same-Sex Civil Partnership Act. The Marriage and Family Relations Act, which has been in force since 1977, was created as a republican law of the Socialist Federative Republic of Yugoslavia. The regulation of family relations in Yugoslavia was the responsibility of individual republics. After the disintegration of Yugoslavia, the republics formed new states or units of new states, which accepted their existing republican family legislation as their own new legislation. Slovene family law is thus still regulated by the Marriage and Family Relations Act of 1977. The Marriage and Family Relations Act has been amended several times since 1977, but major changes only occurred in 2004. An amending act to the law changed the legal arrangements for the care and upbringing of children whose parents live apart; the child’s contact with the non-resident parent and other family members, and the entire legal arrangement of maintenance, including both maintenance between spouses and maintenance between parents and children or between the children and other persons. A complete reform of family law in Slovenia has already been in progress for more than a decade.
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