THE CONCEPT, PROCEDURE AND CONSEQUENCES OF DIVORCE IN THE LEGAL SYSTEM OF THE REPUBLIC OF SERBIA

Abstract

Marriage and divorce are closely related phenomena, since many divorces are actually the consequences of a lack of marriage that existed at the time of its conclusion. The importance of marriage and divorce is also reflected in the fact that the basis of both lies in the will of two people of different sexes. Marriage ends with the death of a spouse, annulment and divorce. Divorce as an institution is known to numerous cultures around the world, and has appeared in various forms throughout history. In the modern world, it is most often carried out by a court ruling. In all countries, divorce is regulated by the institutions of family law, or marriage law. The term divorce should be distinguished from the term separation, which denotes the actual termination of the joint life of two spouses while at the same time formally remaining in the marriage. In contrast, there are situations when formally divorced spouses continue to live together. The institution of divorce is characterized by the fact that it is opposed by the Roman Catholic Church, which is why it was introduced relatively late into the legal systems of Catholic countries such as Italy, Spain, Portugal, Ireland and Malta, or that it still does not exist in some countries, e.g. the Philippines.