The legal regime of separation is a complex institute in which establishment entails several legal consequences for both the spouses and other members of the family and concerns both the property and personal non-property rights of the parties. It is characterized by the features common to a particular model of legal regulation of this institute. The purpose of the study is to analyze the characteristics of legal regulation of family relations, which arise out of the establishment, operation, and suspension of spousal separate residence regime in the countries of the European Union and Ukraine and their representation from the perspective of correlation of institutes of separation and divorce. During the study of models of legal regulation of the institute of spousal separate residence, general and special methods of legal phenomena identification were used. In particular, the dialectical method was used to determine the place of the institute of separation in the system of law and its relation with the institute of divorce. The social purpose of this institute was also established. The hermeneutical method helped to interpret the main features inherent in each of the models of legal regulation of separation. Logical-legal and systematic methods were used for the formulation of logically relevant conclusions, and consistent presentation of study materials. The legal comparative method is aimed at comparing the models of legal regulation of the institute of spousal separate residence in the current family law of Ukraine and the legislation of the countries of the European Union. On grounds of a comprehensive analysis of the legislation and practice of its application regarding the legal regime of spousal separate residence in the countries of the European Union and Ukraine, the features of each of the four models for legal regulation are distinguished. Keywords: Divorce, the European Union, separation, spousal separate residence regime, Ukraine.

The institution of separation legislative provisions of those EU member states that have chosen a separation legal regulation model, according to which the direct dependence of divorce on separation is recognized. It means that the spouse who wishes to dissolve the marriage must be in a state of separation issued by competent authority decision for some time (formal separation). Such EU member states as Denmark, Ireland, Italy have chosen the defined model for legal regulation of separation. Based on this study, the characteristic features of this model for legal regulation of separation are highlighted, namely: the main purpose of the separation institute in the legislation of these states is to provide spouses with time to decide on the future for their marriage: either divorce or reconciliation; a separate residence regime may be established by a decision of the competent authority (court, prosecutor, public administration) by mutual agreement or at the request of one of the spouses, despite the objections of the other; the existence of a clear list of grounds in the legislation to establish separation on the application of one of the spouses; the existence of any consequences of the individual residence regime is linked to the determination of the fault of one or both spouses in the establishment of a separate residence regime on one or another basis; separation would result in the termination of the marital property regime, the termination of the marriage contract, except for the provisions re- lating to the separate residence regime, and the termination of the paternity presumption. Although this model for legal regulation of separation is still relevant, the trend toward the simplification of legal regulation of divorce proceed- ings, has led to the complete rejection of separation as one of the prerequisites for divorce (in the event of mutual consent of the spouses to the termination of marriage) or reduction of spouse's stay in separation.