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• Extracts from the regulations settling the tenure of the matrimonial home in Europe

  121-139

  Tamara Dóra Szücs

  Views:

  107

  The tenure of the matrimonial home after divorce is a significant question in several respects. In addition to the fact that both parties are likely to be emotionally attached to the former scene of family life, the wealth factor must be taken into account as well, as it is a valuable property that can be a real trump card for both spouses these days, considering the high property prices. It should also be borne in mind that if a spouse receives the formal matrimonial home, he or she will not be exposed to the inconvenience of finding a suitable home and will not have to leave his or her usual environment. It follows, however, that a spouse who is forced to move must be compensated in some way for these difficulties, even if he or she did not own the matrimonial home. This study intends to examine the regulation of European countries regarding the use of the marital home in the event of divorce, presenting the typical models and the main aspects considered. The purpose of the present work is not to analyse the Hungarian regulations, they are only mentioned for the aim of comparison. As a conclusion of this research, I would like to reveal the most ideal solution for settling the tenure of the matrimonial home in the event of a divorce, the pros and cons of each model, and if states really take family law principles into account.

• The role of de facto separation in the divorce law of EU Member States

  41-56

  Edit Hadházi

  Views:

  110

  De facto separation (means spouses are living apart) as the most spectacular sign of the irretrievable breakdown of a marriage is a legally relevant fact in the (national) divorce law of the most European Union Member States. However, there are notable differences in the regulatory methods used and how much importance is attached to it. There are Member States where the quantity and quality of the separation is regulated at the legislative level, either as an explicit precondition for divorce or as a legal circumstance orienting the judge, and there are Member States where separation plays a role solely or mostly in the process of the application of the law. My hypothesis is that the fact of separation is such a common intersection of the divorce law of the EU Member States that the legal attitudes taken by them in this regard require a comparative analysis of the law. The aim of this paper is to examine that how the EU Member States incorporate the fact of separation into their divorce law, to classify the regulation methods ’from legislation to application', and to draw the final conclusions in a summary.