Gestaltungsfreiheit im Familienrecht

The common understanding of what a family is and how family life ought to be lived has been changing in many societies over the last decades. National law makers have reacted to this in different ways. In many cases reforms have been adopted with the aim of strengthening individual autonomy. New types of legally recognised relationships, such as the marriage for same-sex couples, now sit alongside the traditional concept of marriage. This in turn has raised completely new questions in the field of child law. Another important development, again emphasising the individual autonomy, concerns the end of a relationship. New, simple, fast and efficient divorce proceedings, which do not require the intervention of a judge, have been established.