International and domestic laws and policies have recognized that the family institution should be strengthened because it is the basic unit of every society. Although family law has traditionally been an area of private law governed by rules of a local jurisdiction and not cognizable as a subject for international agreement, in recent years there has been a movement to harmonize some aspects of family law across national regimes. This has occurred principally through the United Nations and the Hague Conference on Private International Law.

As a result, it is accepted that men and women of full age should have the right to marry and to found a family and be entitled to equal rights regarding marriage. Marriage must be entered into only with the free and full consent of the intending spouses, in accordance with the provisions of Article 16 of the Universal Declaration of Human Rights. Legislation that abides by human rights and gender equality is called upon to ensure that no marriage is entered into without the full and free consent of both parties and that such consent to be expressed by them in person, after due publicity and in the presence of the authority competent to solemnize the marriage and of witnesses, as prescribed by law. This includes legislation that specifies a minimum age for marriage, which should not be less than fifteen years of age. A competent authority may grant a dispensation as to age, for serious reasons, in the interest of the intending spouses. Therefore, in most jurisdictions marriages are registered in an official register by the competent authority.

Furthermore, it is important that equality between men and women is recognized and ensured both within marriage and upon its breakdown. In various jurisdictions, property law regimes are being addressed in order to ensure that distribution of property is done in a fair manner, recognizing women's contribution to family life which may be through domestic work and not financial. Significantly, in some legal systems, equity in divorce cases has been addressed through imposing fair distribution of family property. Nonetheless, the fairness of laws regarding property, spousal support, and child custody upon the dissolution of a relationship are still uncertain and largely discretionary and therefore, the results are not consistent in furthering gender equality.

Analysis provided by: Maggie Smieszek, Legal Expert.