Legal status of the former spouse

Abstract

The article attempts to determine the legal status of the former spouse, that is, the person with whom the marital relationship has been terminated, in the context of various spheres of legal life — property legal relations, family, hereditary, corporate, competitive, etc. Based on the analysis of judicial practice and doctrinal positions in some of the designated areas, key imperfections have been identified that require their solution and normative registration of the legal status of the former spouse, since such uncertainty destabilizes the current turnover. In particular, we are talking about: the extent of the administrative power of the former spouses in relation to conscientious property; the specifics of determining the regime of property received after the dissolution of marriage; the possibilities of the former spouse regarding the acquisition of corporate rights; the consequences of fictitious termination of marital relations and the impact of this behavior on other areas, including in the context of insolvency proceedings (bankruptcy), etc. Such normative detachment, taking into account the spectrum and complexity of the identified problems, leads to the spread of abuses and the violation of the balance of interests of the parties, if necessary, their protection.