What is emancipation?

Jaden made the request after the father-and-son pair starred in the 2013 film After Earth, which Will described as ‘an abysmal box office and critical failure.’

Writing in his memoir, Will, out November 9, Smith explains: ‘what was worse was that Jaden took the hit. Jaden had faithfully done everything that I’d instructed him to do, and I had coached him into the worst public mauling he’d ever experienced.’

But just what is emancipation?

What is emancipation?

In the context of Jaden and Will Smith – and many other families before them – emancipation refers to the legal process in which a minor (someone still classified by law as a child in their jurisdiction) is freed from control by their parents or guardians, and the parents or guardians are freed from responsibility for the child.

Essentially, it is when a child takes control of their own life and all of the responsibilities and decisions that come with it.

Upon becoming an emancipated minor, a person will be granted full authority and legal ownership of their property and bank accounts.

They would also gain the legal capacity to enter into binding contracts and have the authority to marry or join the armed forces.

Becoming emancipated doesn’t mean that a minor becomes an adult, however.

For example, an emancipated minor under the age of 18 would still not be able to buy alcohol.

How do people become emancipated?

There are four recognised routes into emancipation.

Express – when the parents or legal guardians agree with the minor that the minor can leave home, become self-sustaining, and control their own wages and assets.

Implied – this is when emancipation comes as a result of something else, such as marriage, military service or other reasons supported by statutory law and cases.

Court order – one can become emancipated if the courts rule it is in the best interest of a minor, or the parent/guardian.

Partial – this is where a minor can be considered emancipated for some reasons but not others. Examples can include allowing a minor to sign a contract for renting a property but not be able to enter into a marriage.