Suchergebnisse

The institution of separation legislative provisions of those EU member states that have chosen a separation legal regulation model, according to which the direct dependence of divorce on separation is recognized. It means that the spouse who wishes to dissolve the marriage must be in a state of separation issued by competent authority decision for some time (formal separation).

Such EU member states as Denmark, Ireland, Italy have chosen the defined model for legal regulation of separation. Based on this study, the characteristic features of this model for legal regulation of separation are highlighted, namely:

the main purpose of the separation institute in the legislation of these states is to provide spouses with time to decide on the future for their marriage: either divorce or reconciliation;

a separate residence regime may be established by a decision of the competent authority (court, prosecutor, public administration) by mutual agreement or at the request of one of the spouses, despite the objections of the other;

the existence of a clear list of grounds in the legislation to establish separation on the application of one of the spouses;

the existence of any consequences of the individual residence regime is linked to the determination of the fault of one or both spouses in the establishment of a separate residence regime on one or another basis;

separation would result in the termination of the marital property regime, the termination of the marriage contract, except for the provisions re- lating to the separate residence regime, and the termination of the paternity presumption.

Although this model for legal regulation of separation is still relevant, the trend toward the simplification of legal regulation of divorce proceed- ings, has led to the complete rejection of separation as one of the prerequisites for divorce (in the event of mutual consent of the spouses to the termination of marriage) or reduction of spouse's stay in separation.