REGARDING CERTAIN ISSUES OF NON-PROPERTY RIGHTS AND OBLIGATIONS OF SPOUSES AFTER THE TERMINATION OF MARRIAGE UNDER THE FAMILY LAW OF UKRAINE AND EU COUNTRIES

Abstract

In the proposed article, it is determined that the rights and obligations of spouses within the existing legal relationship between them are traditionally divided into non-property (personal) and property, which are implemented during the divorce procedure. In turn, the property rights of spouses can be regulated both by law and by a marriage contract. The personal (non-property) rights of spouses are: the right to choose a surname upon marriage, to jointly resolve issues of family life, to freely choose an occupation, profession, place of work, place of residence. Personal and property relations of spouses are an integral part of marital and family relations. The choice of a competent legal order to resolve the situations that have arisen, situations whose participants are spouses, becomes relevant. However, interest is not only in conflict, but also in substantive legal regulation of legal relations between spouses, considering that in foreign countries the list of personal non-property, as well as property rights and obligations of spouses may differ. These issues arise in the process of (dissolution) termination of marriage, and therefore, accordingly, require their reasonable solution. In recent decades, most Western countries have seen significant changes in family and gender roles, which are reflected not only in the increasing employment rate among mothers, but also in the increasing involvement of fathers in raising children. This trend toward more involved parenting has been noted for nuclear families, but is also evident in separated and divorced families, as evidenced by the increased contact non-resident parents have with their children. Overall, higher parental involvement is likely to influence parents' decisions regarding the allocation of parenting time and physical custody of children after separation or divorce. In fact, the procedure for raising children in divorced families, as well as the statutory norms of family law, are changing. In many countries, a growing share of divorced parents tend to choose a parenting system that involves (almost) equal time and responsibility for children, and some countries even prefer this decision in the legal system.