Bilyk O. Institute of separate living of spouses in the family law: comparative legal aspect

This work deals with concept and features of regime of separate living of spouses and its correspondence to the de facto separation. Based on laws and case law of different countries it can be determined that living in separate dwellings is not essential, although desirable, to consider spouses separated. The intention of spouses to end their marital relations for good is given much more consideration in such cases. The author shows two ways in which regime of separate living of spouses can be established: by court or by separation agreement. The separation can be pronounced by the judge at the request of both spouses or one against the other. If only one of the spouses wants to establish separation, in some countries court can find the other party responsible for causing the breakdown of the marriage, which leads to unfavorable consequences for the guilty spouse. The claim for the separation on the request of both spouses usually should be accompanied with the proposal of settlement agreement as to the effects of such separation. This agreement regulates, but is not limited to, issues of: dividing family property, use of family house, spousal and child support, visitation and custody arrangements. The judge only approves such an agreement if it is executed in accordance with the provisions of the law and is not clearly unfair to one of the spouses.