UKRAINIAN AND FOREIGN EXPERIENCE IN APPLICATION SEPARATION INSTITUTE

Abstract

The article deals with the issues of establishing the regime of residence of spouses (separation) according to Ukrainian legislation. In life, there are often situations when being married for spouses no longer makes sense or, as they say, love has passed. At the same time, such spouses do not want to file for divorce, do not want to deal with the division of property, and so on. But, the main thing is that they do not want to live together. It is to address such issues in the Family Code of Ukraine that a special procedure is laid down, which is called separation (from the Latin “separation” – separation, divorce, separation), which means the legalization of the right of spouses to establish a regime of separate residence, that is, legally there is a marriage between them, and there is no actual marriage. For this, a simple unwillingness of one of the spouses to live together is enough. Separation is suitable for those persons who, in the absence of real family relations under certain circumstances, seem to need to be married. It has to be that, despite the twenty-year history of separation in the Family Code of Ukraine, it has not yet found a significant number of supporters of the application of such a regime. Emphasis is placed on the advantages of separation over divorce. Examples and justifications are given. Sufficient attention is paid to the foreign experience of using the separation institute. The prospects for the application of the regime of separate residence of spouses and the need to disseminate such experience in our country are noted. After all, separation may be suitable for those persons who, in the absence of real family relations, under certain circumstances, supposedly need to be married, that is, when legally there is a marriage between them, but there are no actual marital relations. the existence of this institution of separation has already been tested and confirmed by international practice and, in our opinion, is positive for the family legislation of Ukraine. However, I would also like to note that the lack of awareness of citizens about separation, the weakening of psychological ties in families and the liberalization of public views on the dissolution of marriage lead to isolated cases of the application of such a regime. That is why today, when the institution of the family is in crisis, the institution of separation in Ukraine needs to be further improved, with the obligatory consideration of foreign experience in its legal regulation.