Abstract
The legal regime of separation is a complex institute in which establishment entails several legal consequences for both the spouses and other members of the family and concerns both the property and personal non-property rights of the parties. It is characterized by the features common to a particular model of legal regulation of this institute. The purpose of the study is to analyze the characteristics of legal regulation of family relations, which arise out of the establishment, operation, and suspension of spousal separate residence regime in the countries of the European Union and Ukraine and their representation from the perspective of correlation of institutes of separation and divorce. During the study of models of legal regulation of the institute of spousal separate residence, general and special methods of legal phenomena identification were used. In particular, the dialectical method was used to determine the place of the institute of separation in the system of law and its relation with the institute of divorce. The social purpose of this institute was also established. The hermeneutical method helped to interpret the main features inherent in each of the models of legal regulation of separation. Logical-legal and systematic methods were used for the formulation of logically relevant conclusions, and consistent presentation of study materials. The legal comparative method is aimed at comparing the models of legal regulation of the institute of spousal separate residence in the current family law of Ukraine and the legislation of the countries of the European Union. On grounds of a comprehensive analysis of the legislation and practice of its application regarding the legal regime of spousal separate residence in the countries of the European Union and Ukraine, the features of each of the four models for legal regulation are distinguished. Keywords: Divorce, the European Union, separation, spousal separate residence regime, Ukraine.
Highlights
The family as the primary and basic center of society is under the special protection of the state
The purpose of the article is the research of the characteristics of legal regulation of family relations which arise out of the establishment, operation and suspension of spousal separate residence regime in the countries of the European Unionand in Ukraine and their representation from the perspective of correlation of institutes of separation and divorce
It is believed that the spousal separate residence regime was initiated in marriage and family relations in Western Europe in 1563, when the Council of Trent of the Roman Catholic Church prohibited divorce: “What God has joined together, let no one separate"
Summary
The family as the primary and basic center of society is under the special protection of the state The manifestation of such protection is the creation of a system of guarantees for preserving the integrity of the family by the state, in particular by the legal regulation of those institutes that have to help the spouses preserve their marriage. These institutes include the institute of spousal separate residence, which is internationally more known as separation. The spousal separate residence regime (separation) is the special legal status of the spouses (a certain spousal life order), which is established by a court decision or decision of another competent authority (formal (legal) separation) in case of impossibility or unwillingness of wife and (or) husband to live together and is characterized by several legal safeguards for protecting the interests of both the spouse and their children, or - the actual spousal separate residence without recourse to any authorized body for the registration of such state, which term, has legal bearing during the procedure of divorce (actual separation).
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