ИНСТИТУТ РАЗВОДА БРАКА У ПРАВУ НЕМАЧКЕ
THE INSTITUTION OF DIVORCE IN THE GERMAN LAW

Summary/Abstract: In this paper, the author analyses the legal solutions contained in the German Divorce Law. The German divorce system is based on a specific combination of irretrievable breakdown of marriage (as a reason for divorce) and consensual divorce. The author draws attention to the basic presumptions governing the breakdown of marriage in the German divorce legislation. Resting upon the spouses’ decision to separate and their mutual consent to divorce, these presumptions serve as an efficient instrument in proving that the marriage has been irretrievably broken down. In addition, the author focuses on the “hardship clauses” envisaging the prohibition of divorce in cases when the best interests of the children of the broken marriage or a spouse impose the need to preserve the marriage, which is in compliance with the principle of fairness and justice. The author also explores the institution which enables the parties to bring together the divorce proceeding and the subsequent proceeding on various divorce-related issues into a joint lawsuit aimed at regulating the consequences of divorce; this institute reinforces the concept of “a clean break” between the spouses upon divorce.

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