Dissolution of Marriage: An Interrelation between Legal and Social Aspects

The paper deals with the legal institution of dissolution of marriage in the context of creating conditions for the marriage preservation. It is concluded that it is necessary to change the procedure of dissolution of marriage in order to ensure the possibility of reconciliation of spouses, for example, to determine the powers of the court to refer the case to a specialist, who performs conciliation (mediator or psychologist), if this procedure is free of charge for spouses. Given the importance of preservation of the family when there are minor children in the family, the possibility of reconciliation must also be extended. The second approach to changing the existing law in the area of marriage dissolution with regard to the grounds, may include the transition to the concept of “divorce/ sanction” (including its flexible application). This approach is widely used in foreign legislation, it has long been traditional for domestic law and is approved in legal consciousness. The third approach may involve the modification of law enforcement practices relating to post-divorce upbringing of children, which indirectly motivates one party to divorce, even though this practice does not correspond either to the law or to social expediency. As a possible option, we recommend the use of the foreign institution of “joint guardianship” adapted in our system of law as determination of the place of residence of the child on a parity basis.