DIVORCE INSURANCE

Marriage is the cohabitation of a man and a woman governed by law. This cohabitation is characterised by the effects of personal rights (changing family name of a spouse, citizenship, community life, duty of mutual aid and respect, maintaining household, and deciding on the place of residence) and the effects of property rights (financial maintenance, acquiring property during marriage, managing and disposing of joint ownership, liability for obligations, etc.).
In this paper, the author analyses the insurance of consequences the divorce produces on the property rights, because during the marriage, new property rights are acquired and become a part of joint ownership or special property of spouses which is acquired as debt free or otherwise. By analysing the rights effective in the selected federal states of America, in the German law, and the rights arising from insurance terms and conditions, the paper considers the effects of divorce on the existing insurance policies, and insurance liabilities and their characteristics. The author concludes that high divorce rate and poor culture regarding the conclusion of prenuptial agreements represent a big opportunity for insurance companies in Serbia to draw up the terms and conditions for insurance against the risk of divorce and offer them to prospective policyholders.

Key words: marriage, divorce, insurance, liability, legal protection, maintenance, informing, counselling