engleski

Dejudicialisation of Consensual Divorce?

Civil marriage and the right to divorce were the results of the French Revolution. As marriage came under the jurisdiction of the state, the civil divorce emerged and secular courts were established to authenticate the grounds for divorce claimed by the parties. The history of divorce shows inequality of woman and man and the marital offence as a sole just cause for divorce. By time, the simplification of divorce procedure and recognition of non- fault divorce, as well as divorce based of joint application of spouses, label the development and transformation of family laws of European countries. From about 1770, there are some administrative forms of divorce in Sweden, Denmark and Norway. In Russia, the administrative form of divorce was introduced in 1917. During the Soviet period, the administrative divorce was exporter to all the former Soviet Republics. In present-day Europe, there is a growing interest in question of dejudicialisation of divorce procedure. First, it can be underlined the growing use of family mediation as a method of solving the disputes that come together with divorce. Secondly, there is a new tendency of arbitration in disputes connected with divorce, first of all property and economic disputes, in some European countries. Last but not least, there is a growing tendency of dejudicialisation of the sole divorce by introducing the civil law notaries and the administrative bodies as a forum for solving the divorce (and the matters connected with divorce). This last tendency – the divorce of a marriage before the civil law notary or an administrative body (usually civil registry body) – is in the focus of the presentation.

divorce, judicial procedure, court, administrative procedure, notary

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