CONTRACTUAL REGULATION OF ESTABLISHING THE REGIME OF SPOUSES SEPARATION

Abstract

The article is devoted to the definition of the legal nature of the agreement on establishing the regime of spouses separation, accordingly to the Family Code of Ukraine spouses are able to conclude agreements, provided or unprovided by norms as this is not inconsistent with the provisions of the present Code, other laws and moral society do not contradict the rules of family law and Ukraine. The approaches of scientists as to establishing the regime of spouses separation not only by court but also by agreement are analyzed, and on this basis proposals are defined to improve the legal regulation of personal non-property and property relations of spouses if the wife and/ or the husband cannot or does not want to live together. Due to the inconsistency of family law, unification of judicial and notarial practice regarding the termination of the regime of spouses separation, it is necessary to settle their personal nonproperty and property relations by court or by agreement. In my opinion, it is reasonable to make changes and additions to the Family Code of Ukraine, that provide the possibility if the wife and/or the husband cannot or does not want to live together, to establish the regime of spouses separation by the court, unless otherwise provided by agreement between them. Consequently, the termination of the regime of spouses separation will be possible only either by a court decision on the basis of an application of one of the spouses or by termination of the agreement on the grounds provided in it. When concluding an agreement on the establishment of the regime of spouses separation, it is advisable to read its complex written form by notarization in order to provide its provisions of legal certainty by a notary.