THE INTERNATIONAL LEGAL CONTEXT OF DIVORCE IN KICHEVO

Abstract

The paper addresses issues related to the dissolution of marriage, analyzing the legal and institutional framework of divorce proceedings in the Municipality of Kichevo during 2024, with particular emphasis on judicial practice, the role of the Center for Social Work, and issues related to the international private law aspects of divorce. The research is based on an analysis of positive family legislation, the rules for determining the applicable law governing divorce, as well as empirical data obtained from the Basic Court of Kichevo and the Center for Social Work Kichevo.
The focus of the paper is on the conditions and procedures for divorce, including cases involving a foreign element, where determining the applicable law and the legal status of foreigners in divorce proceedings is of particular importance. Special attention is given to the protection of the rights of foreign nationals, their procedural status, and equal access to judicial protection, in accordance with domestic law and relevant international standards.
The data indicate that in 2024, 123 lawsuits for divorce were filed before the Basic Court of Kichevo, while 134 judgments were rendered, indicating continuous and increased activity in the field of divorce proceedings. Additionally, the Center for Social Work Kichevo recorded 99 cases related to divorce involving disputes over the exercise of parental rights, of which 90 cases resulted in decisions adopted in accordance with Article 46 of the Family Law, guided by the principle of the best interests of the child.
The analysis confirms that, despite the formal compliance of the national legal framework with modern legal and international private law standards, in practice there are numerous challenges arising from the conflict between traditional values, the local socio cultural context and modern social changes. The paper points to the need for a more efficient, sensitive and integrated approach to the application of law, especially in cases with a foreign element, in order to enhance legal certainty and protect family relations and the rights of all parties concerned, especially children.