Legal Regulation of Divorce: Provisions, Integration Processes and Principles
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Abstract
On the 1st of May, 2004 Lithuania became a member of European Union and obligated to be loyal to the principles of freedom, democracy, legal state and respect human rights and fundamental freedoms. In order to adopt the standards of European Union and ensure their compliance the State intensified integration processes. In Family Law these processes are absorbing principles of European Family Law which are formulated for the specific Family Law institution. The Commission of European Family Law (CEFL), which was established in September 2001, has formulated principles concerning Divorce and Maintenance between Former Spouses. The following Principles CEFL recommends striving to promote harmonization of European Family Law and to facilitate persons’ free movement within Europe, to balance the interests between spouses and society and to support actual gender equality in consideration with the best interests of children.
This article presents the analysis of European Family Law Principles regarding Divorce and Maintenance between Former Spouses in comparison with the legal norms of the Civil Code of the Republic of Lithuania. During the analysis of the Civil Code norms, which provide the principles of the divorce and maintenance between former spouses, we can determine their conformity to the Principles in the positive sence (e.g. maintenance of the spouse should be granted for a limited period or without time limit) and their incongruity in the negative sence (e.g., the Court may refuse to grant a divorce). Besides, we can exclude the legal norms of the Civil Code which more progressively correspond to the interests of spouses or former spouses and society than the recommended Principles.
This article presents the analysis of European Family Law Principles regarding Divorce and Maintenance between Former Spouses in comparison with the legal norms of the Civil Code of the Republic of Lithuania. During the analysis of the Civil Code norms, which provide the principles of the divorce and maintenance between former spouses, we can determine their conformity to the Principles in the positive sence (e.g. maintenance of the spouse should be granted for a limited period or without time limit) and their incongruity in the negative sence (e.g., the Court may refuse to grant a divorce). Besides, we can exclude the legal norms of the Civil Code which more progressively correspond to the interests of spouses or former spouses and society than the recommended Principles.
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Please see Copyright and Licence Agreement for further details.
