THE CONCEPT AND CAUSES OF THE DIVORCE UNDER THE LEGAL REGULATION OF THE REPUBLIC OF MACEDONIA AND THE NEED FOR ADAPTATION WITH CHANGES IN THE CONTEMPORARY WORLD

Abstract

The issue of divorce and rising rates in the modern world is one of the most serious problems and social issues that greatly affect the lives of people. Divorce is a human right. It is an expression of individual freedom to want and to choose. Setting up the right to divorce is an expression of civilization today and at the same time it can be considered as significant progress compared to the past because it allows the disruption of the community in which relations between spouses do not function according to the corresponding and prescribed order. Divorced marriages relate to personal and social life very deeply. It causes stress and makes the individual unsuccessful and changes his life. Although many couples agree to stay with their partner to death, many marriages will end up divorcing instead of death. Until almost the divorce was considered as the most difficult marriage dysfunction leading to a complete disorganization of the family. Over time, a system of the so-called "binuclear family" has emerged following the divorce, which suggests that divorce is not death for the family. Over time, a system of the so-called "binuclear family" has emerged following the divorce, which suggests that divorce is not death for the family. This paper will analyze the causes of divorce, which are a multidisciplinary challenge and the use of certain reforms that will overcome the problems that arise in practice as well as the need to align our legislation with the general tendencies of other contemporary European legislation, as well as with international documents. The importance of the institution for divorce as a legal form of termination of the marriage, the importance of applying the international principles and practices of this institution of law, the need to amend and supplement the Family Law of the Republic of Macedonia for more specific regulation of divorce, the need to implement innovations in the positive legislation because it is a necessity and need to adjust the positive laws of the Republic of Macedonia towards those of the EU, as well as from the introduction of an institution family mediation. In order to make this paper better and be able to conceptualize the subject of research from different angles, various research methods such as the historical method, the descriptive method, the normative method and the comparative method will be used. The methods that will be used for this paper will be applied appropriately and will have a scientific and research character. This research will also have an empirical part by which, by analyzing the statistical results of different institutions, which, as a scope of work, also have the issue of divorce, will present a general picture of the relationship of these institutions towards marriage as an institution, statistical data on the number of divorces in the Republic of Macedonia and the most common reasons that lead to the divorce.