Preliminary Provisions and DefinitionsPreliminary Provisions
Section § 1
Section § 2
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.
Section § 3
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.
Section § 4
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.
Section § 5
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.
Section § 6
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.
Section § 7
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.
Section § 8
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.
Section § 9
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.
Section § 10
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.
Section § 11
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.
Section § 12
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.
Section § 13
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.