LIQUIDATION OF PROPERTY DURING DIVORCE IN THE FEDERAL FIRST INSTANT COURTS (CASE ORIENTED)

Abstract

Family law includes divorce, the division of all of your assets and property and parenting issues. It also includes adoptions and prenuptial agreements. Feeling comfortable with your family lawyer is very important since you will be going through many emotional and demanding issues that need to be resolved. Divorce involves substantial rights and responsibilities, many legal technicalities, and your well being (as well as child's) for many years to come. Divorce includes unique issues such as dividing the parenting and companionship of the children. This can be one of the most stressful events you might ever face.1 Starting from July 2000 the Revised Family Law (RFC) has become applicable in the Federal Courts. The need to revise the 1960s Civil Code Family Law provision arose so as to make it compatible with the Ethiopian Federal Democratic Republic Constitution (FDRE). Family is the natural basis for the society; so it is protectable by the society and the state. One of the means to protect this institution is through laws that regulate and govern family relations.2 The purpose of this thesis is not about the whole family law, but those parts of the law that regulate the effects of divorce upon their property; i.e. the law and the practice, one of the significant changes taken by the RFC is with regard to the law that governs liquidation of property during divorce. The thesis tries to discus the practice in the Federal First Instance Courts here in Addis Ababa in handling divorce cases. Divorce is one of the causes for dissolution of marriage.3 The family, as one of the primordial, social organization reflects the complexity and dynamism inherent in development of all sorts; be that is the social, economic or political structure, and institutions seen from these parts, it would be logical for the writer first to deal with the family, as a historical category and or social construct. The first chapter is therefore devoted to showing out the development of family in history. It also deals with the development of the law of family; i.e. marriage, the annulment of marriage and the effects of marriage. The second chapter focuses on the definition, divorce under the revised family code and effects of divorce. In Ethiopia, divorce of marriage signifies all possible device of terminating the legal as well as the factual marital relationship. The third chapter brings down the issue the ground by concentrating on the effects of Liquidation of Property in Divorce in the Federal First Instant Courts. It also deals about liquidation of pecuniary relation, liquidation based on agreement, based on the law and its effect on third party. The fourth chapter focuses on practice of liquidation. That is cases oriented. Finally recapitulation is made by way of conclusion. Springing from the conclusion, the writer of this issue has forwarded what may be considered as reasonable recommendation.