Implementation of European approaches in reforming the institution of separation in Ukraine

The article examines the possibility of introducing European approaches in the process of updating the institution of separate residence of spouses. The experience of European states regarding the regulation of the institution of separation (France, Portugal, Belgium, the Netherlands, Poland, etc.) is clarified in a comparative aspect. Three main approaches to the regulation of the legal regime of separate residence of spouses in foreign countries are singled out: an approach in which the independence of the institution of separation and termination of marriage is preserved; an approach in which the grounds for separation and divorce are the same, so the spouses can choose one of the specified two models; an approach in which dissolution of marriage depends on separation, which must precede termination of marriage. Two approaches in the world regarding the contractual method of establishing a regime of separate residence have been clarified, in particular. The common and distinctive features between separation and the actual termination of marital relations, as well as divorce, have been clarified. The judicial practice in cases of establishing the actual termination of marital relations, separation, as well as the termination of the regime of separate residence of spouses has been analyzed. The position of the Supreme Court regarding consideration of counterclaims for establishment of separation is noted. The need to settle the issue of the place of residence of spouses and children when the regime of separate residence of spouses is established, and the issue of child support, has been clarified. It is substantiated that in the process of Europeanization of the provisions of the Civil Code of Ukraine, it is necessary to provide norms that would provide that during the establishment of the regime of separate residence of the spouses, the rights of children are properly protected and the best interests of the child are taken into account. Other issues related to the rights and responsibilities of husband and wife as spouses can be settled by agreement if they wish. Corresponding changes to the Civil Code of Ukraine have been proposed to provide for a contractual procedure for establishing separation and proper protection of the best interests of the child.