THE INSTITUTE OF DIVORCE WITH SPECIAL EMPHASIS ON CONSENTUAL DIVORCE AS MEANS OF ENDING A MARIAGE IN FAMILY LAW LEGISLATION OF THE FEDERATION OF BOSNIA AND HERZEGOVINA

Abstract

 Divorce is one of the means of ending a marriage which is performed by a decision of the court during the life of the marital partners. Today divorce is a frequent occurrence in society and is known by almost all cultures around the world. The influence of the Catholic Church is the reason why the possibility of divorce has been introduced in to the legal systems of catholic states such as Italy, Spain, Portugal and Ireland relatively late. This is also the reason why it still does not exist in the Philippines. This paper will examine the legal ordering of the divorce in the legal system of Bosnia and Herzegovina with a brief examination of the way this legal institute is ordered in some countries of the European Union. In the first part of this paper the historical development of divorce through roman and canon law will be examined as well as divorce causes in our and comparative law. In the second, main part of this paper, the focus will be placed on the very institute of divorce and on the procedure for divorce according to the Family law of FB&H with special emphasis on consensual divorce a means of ending a marriage. The paper should demonstrate that consensual divorce is an easier and quicker process, because it is based on the free and consensual will of the marriage partners aimed at dissolving their marriage. Likewise, numerous advantages and reliefs of the procedure of consensual divorce for the marital partners as opposed to the divorce by means of filing a lawsuit will be indicated.