Evolution of the German legislation of the grounds for divorce

The institute of divorce in the family German law for the period of the end of the nineteenth - beginning of the twentieth century in Germany is investigated. For the most part, the family law was set forth in the German Civil Code in various editions, but for some periods, for example, during the existence of the Third Reich, it was enshrined in a separate Family Code. The purpose of this work is to present and analyze the evolution of the institution of divorce in the German family law on the basis of regulatory legal acts in the area, as well as to identify some social trends related directly to the family, because without understanding the family in any historical period, it is impossible to understand why in this way the family law was changed. The object of the study should be designated institute of divorce in Germany since the appearance of this institution in secular legislation. The subject of study is the development of the institution of divorce in the German marriage and family law. The authors distinguish two doctrines of understanding divorce: a divorce from guilt and a divorce without guilt. The application of these doctrines from the point of view of social and moral and ethical understanding of marriage is considered. In the first case, the dissolution of marriage is allowed only when the guilt of one of the spouses is proved in court. The doctrine of divorce without guilt allows for the dissolution of marriage by the will of one party or two parties. The provision of content after the divorce before the reform of the seventies depended on the presence of guilt in the dissolution of the marriage. The authors conclude that in the course of the development of the family law in Germany, there is a tendency towards liberalization and simplification of the divorce procedure. This is confirmed by the change in legislation, which in the seventies already allowed divorce without guilt. Also, the payment of the compensation was not made dependent on guilt. However, the dissolution of a marriage requires certain conditions, which are specified in §1565-§1568. Some of these conditions involve legal proceedings related to the investigation of the details of the spouses' family life. Thus, in connection with the development of family values, the legislative regulation of the institution of divorce, maintenance and division of property after divorce has changed significantly since the adoption of the general civil code in Germany (German Civil Code of 1896), which also includes family law. These changes are mainly associated with an increase in the conditions for the dissolution of the marriage, and therefore the simplification of the divorce procedure itself.