The family is the smallest most important unit of government. Governance at family level to a large extent has a bearing on how governance at national level would be conducted. It is hence imperative that family relations are treated and conducted properly so as to guide the family at national level. This module therefore introduces learners to the foundations of family law. It explains what a family is and what family is. It gives the sources of family law, focuses on matrimonial issues of marriage, dissolution of marriage. The module looks at the divorce and grounds on which it may be petitioned. It explains who is entitled to what upon dissolution of marriage between the couple. The module ends with a look at custody of children upon dissolution of marriage, illegitimate children, intestacy and Wills etc.   

OBJECTIVES

The objectives of this module are:

• To explain what family and family law is
• To highlight the sources of family law
• To explain what marriage is
• To explain the process and reasons for dissolution of marriage
• To examine the legal provisions regarding sharing of assets upon dissolution of marriage
• To examine the legal provisions regarding legitimacy and illegitimacy of children upon dissolution
• To examine the legal provisions where therefore intestacy and;
• To explain what a Will is and its relevance

LEARNING OUTCOMES

At the end of this module you should be able to:

• Know and explain what family law is and its sources
• Know and explain what marriage is and the legal framework under which it is contracted
• Know and apply the law regulating dissolution of marriages
• Know and apply the law on sharing of assets upon dissolution of marriage
• Know and explain the legal provisions around legitimate and illegitimate children upon dissolution of marriage
• Know and apply the law on intestacy
• Know and explain what a Will is and is relevance 

UNIT 1 – FAMILY LAW – AN INTRODUCTION

UNIT 2 – THE FAMILY UNIT – MARRIAGE

UNIT 3 – VALIDITY OF MARRIAGE 

UNIT 4 – DISSOLUTION OF MARRIAGE 

UNIT 5 – ASSETS SHARING UPON DISSOLUTION OF MARRIAGE 

UNIT 6 – CHILDREN UPON DISSOLUTION OF MARRIAGE

UNIT 7 – INTESTACY

UNIT 8 – WILLS AND PROBATE 

 

RECOMMENDED READING:

Miles Joanna, George Rob and Harris-Short Sonia. (2019). Family Law Text, Cases and Materials. Oxford: Oxford University Press

Mushota Lillian. (2005). Family Law in Zambia: Cases and Materials. Lusaka: UNZA Press