Divorce by Mutual Consent in Comparative Law

Abstract

Since one of the principles of family is its social protection, the
reduction in the number of divorces in every country is of an essential
importance. The republic of Macedonia belongs to the group of countries
where the number of divorces is in a continuous increase, and the
number of concluded marriages is in a gradual decrease. The grounds for
divorce are different, and there are also differences in the regulation of
the grounds for divorce. Divorce by mutual consent is accepted by most
legislatures, but there are differences in the treatment of the
consequences caused by it. The author of this text takes an insight in the
legislation for divorce by mutual consent of the spouses within
comparative law. If we take into consideration the comparative reforms,
it is easy to notice that some legislatures have taken one step further in
the regulation of divorce by mutual consent. We can also notice that in
The Republic of Macedonia some matters, considering the divorce by
mutual consent, are not included in the regulation, but now there are
proper conditions created for them to be regulated. Changes are essential
in the regulation of divorce by mutual consent which should refer
especially to the conditions of the submission of the joint application for
divorce and the consequences of the divorce. For this cause, comparative
law’s solutions are presented so that a conclusion can be made on
whether our country is ready to act in accordance with comparative
solutions, and for which solutions there are conditions and needs to be
implemented in the Republic of Macedonia.
Key words: spouses, divorce by mutual consent, joint application,
division of mutual property, matrimonial home.