Section § 1

Explanation
This law section simply states that it will be referred to as the 'Family Code.'
This code shall be known as the Family Code.

Section § 2

Explanation

This law says that if a new provision in this code is essentially the same as an older law on the same topic, it's treated as a continuation of the old law, not something entirely new. Also, if another law mentions this provision, it's assumed to include the reference to the older law too, unless clearly stated otherwise.

A provision of this code, insofar as it is substantially the same as a previously existing provision relating to the same subject matter, shall be considered as a restatement and continuation thereof and not as a new enactment, and a reference in a statute to the provision of this code shall be deemed to include a reference to the previously existing provision unless a contrary intent appears.

Section § 3

Explanation

This law means that if a part of the California Family Code is similar to part of a uniform act used by multiple states, it should be interpreted in a way that keeps the law consistent across those states. The goal is to ensure uniformity in the application of the law where similar provisions exist.

A provision of this code, insofar as it is the same in substance as a provision of a uniform act, shall be construed to effectuate the general purpose to make uniform the law in those states which enact that provision.

Section § 4

Explanation

This section explains how new laws affect existing legal situations. 'New law' refers to any recent changes in the legal code, and 'old law' means what was in place before. Generally, from the date a new law starts, it applies to all related matters, whether they began before or after this date. However, if something (like filing a document) happened before the new law's start date, the old law governs it. The new law kicks in for any actions taken with that document after the start date. Court orders or actions made before the new law remain under the old rules, but changes to those decisions after the new law starts are governed by the new rules. People are not held accountable under the new law for actions done properly under the old law. Lastly, if applying the new or old law causes substantial disruption, the court can decide which law to apply to mitigate this.

(a)CA Family Law Code § 4(a) As used in this section:
(1)CA Family Law Code § 4(a)(1) “New law” means either of the following, as the case may be:
(A)CA Family Law Code § 4(a)(1)(A) The act that enacted this code.
(B)CA Family Law Code § 4(a)(1)(B) The act that makes a change in this code, whether effectuated by amendment, addition, or repeal of a provision of this code.
(2)CA Family Law Code § 4(a)(2) “Old law” means the applicable law in effect before the operative date of the new law.
(3)CA Family Law Code § 4(a)(3) “Operative date” means the operative date of the new law.
(b)CA Family Law Code § 4(b) This section governs the application of the new law except to the extent otherwise expressly provided in the new law.
(c)CA Family Law Code § 4(c) Subject to the limitations provided in this section, the new law applies on the operative date to all matters governed by the new law, regardless of whether an event occurred or circumstance existed before, on, or after the operative date, including, but not limited to, commencement of a proceeding, making of an order, or taking of an action.
(d)CA Family Law Code § 4(d) If a document or paper is filed before the operative date, the contents, execution, and notice thereof are governed by the old law and not by the new law; but subsequent proceedings taken after the operative date concerning the document or paper, including an objection or response, a hearing, an order, or other matter relating thereto is governed by the new law and not by the old law.
(e)CA Family Law Code § 4(e) If an order is made before the operative date, or an action on an order is taken before the operative date, the validity of the order or action is governed by the old law and not by the new law. Nothing in this subdivision precludes proceedings after the operative date to modify an order made, or alter a course of action commenced, before the operative date to the extent proceedings for modification of an order or alteration of a course of action of that type are otherwise provided in the new law.
(f)CA Family Law Code § 4(f) No person is liable for an action taken before the operative date that was proper at the time the action was taken, even though the action would be improper if taken on or after the operative date, and the person has no duty, as a result of the enactment of the new law, to take any step to alter the course of action or its consequences.
(g)CA Family Law Code § 4(g) If the new law does not apply to a matter that occurred before the operative date, the old law continues to govern the matter notwithstanding its repeal or amendment by the new law.
(h)CA Family Law Code § 4(h) If a party shows, and the court determines, that application of a particular provision of the new law or of the old law in the manner required by this section or by the new law would substantially interfere with the effective conduct of the proceedings or the rights of the parties or other interested persons in connection with an event that occurred or circumstance that existed before the operative date, the court may, notwithstanding this section or the new law, apply either the new law or the old law to the extent reasonably necessary to mitigate the substantial interference.

Section § 5

Explanation

The titles or headings in this legal code don't change how the rules are applied or interpreted. They're just there for organization; the actual rules are in the text below them.

Division, part, chapter, article, and section headings do not in any manner affect the scope, meaning, or intent of this code.

Section § 6

Explanation

This law section says that unless there's a specific reason not to, the general guidelines and rules for interpreting laws in this part should guide the interpretation of the whole code.

Unless the provision or context otherwise requires, the general provisions and rules of construction in this part govern the construction of this code.

Section § 7

Explanation

This law means that when a part of this code or another law is mentioned, it automatically includes any future changes or additions made to it.

Whenever a reference is made to a portion of this code or to another law, the reference applies to all amendments and additions regardless of when made.

Section § 8

Explanation

This section explains how different parts of the legal code are organized and labeled. Each term like 'division,' 'part,' 'chapter,' and so on, refers to specific sections or subdivisions within the code. It's basically a guide to understanding the structure of the legal text. When you see these words, you know where to look in the code to find the details.

Unless otherwise expressly stated:
(a)CA Family Law Code § 8(a) “Division” means a division of this code.
(b)CA Family Law Code § 8(b) “Part” means a part of the division in which that term occurs.
(c)CA Family Law Code § 8(c) “Chapter” means a chapter of the division or part, as the case may be, in which that term occurs.
(d)CA Family Law Code § 8(d) “Article” means an article of the chapter in which that term occurs.
(e)CA Family Law Code § 8(e) “Section” means a section of this code.
(f)CA Family Law Code § 8(f) “Subdivision” means a subdivision of the section in which that term occurs.
(g)CA Family Law Code § 8(g) “Paragraph” means a paragraph of the subdivision in which that term occurs.
(h)CA Family Law Code § 8(h) “Subparagraph” means a subparagraph of the paragraph in which that term occurs.

Section § 9

Explanation

This law means that when reading legal texts, words in one tense can also apply to actions or situations in the past or future. So, if something is written in the present tense, it might also refer to past and future events, and vice versa.

The present tense includes the past and future tenses, and the future, the present.

Section § 10

Explanation

This rule means that if a law uses a word in its singular form, it also applies to multiple things, and vice versa. Basically, don't worry too much about whether the word is for one thing or many; it should cover both situations.

The singular number includes the plural, and the plural, the singular.

Section § 11

Explanation

This section clarifies that any mention of terms like “husband,” “wife,” “spouses,” or “married persons” covers both currently married people and those who were married before, depending on the context of the situation.

A reference to “husband” and “wife,” “spouses,” or “married persons,” or a comparable term, includes persons who are lawfully married to each other and persons who were previously lawfully married to each other, as is appropriate under the circumstances of the particular case.

Section § 12

Explanation

This law section explains the meaning of certain words used in legal documents. When you see the word 'shall,' it means something must be done. 'May' suggests that something is allowed but not required. 'Shall not' and 'may not' both mean something is not allowed.

“Shall” is mandatory and “may” is permissive. “Shall not” and “may not” are prohibitory.

Section § 13

Explanation

If a part of this law is found to be invalid or cannot be applied in a particular situation, that doesn't impact the rest of the law. The rest of the law remains effective without the problematic part. This means the law is designed so that each section can stand on its own, even if one part isn't valid.

If a provision or clause of this code or its application to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of the code which can be given effect without the invalid provision or application, and to this end the provisions of this code are severable.