European divorce laws, divorce rates, and their consequences

Abstract

Introduction Most investigations of the links between the liberalization of divorce laws and the dramatic rise in divorce rates have tended to focus on North America. With the exceptions of Goode (1993), Glendon (1989), and Phillips (1988), there is relatively little recent comparative literature on legal change and divorce rates in Europe and even less formal empirical analysis. Following some early descriptive studies of the divorce data (Chester, 1977; Commaille et al., 1983), the only notable recent statistical contribution is that of Castles and Flood (1991). In the light of this relative neglect, the primary aim of the chapter is to re-evaluate the association between divorce statutes and divorce rates in the European context. In addition to the appropriate legal grounds for marital dissolution, rules governing the division of marital property and child support payments continue to receive legislative attention in many jurisdictions. Policy innovations in settlement rules have significant implications not only for incentives to divorce but also for the living standards of broken families. In particular, the financial impact of divorce on lone parents and their children has generated considerable concern. Since the economic burden of marital disruption varies substantially within Europe, the chapter will also comment on these cross-country differences in the financial consequences of divorce. Data Total divorce rates for a selection of European countries with readily available data are presented in table 12.1. The total divorce rate estimates the proportion of current marriages that will end in divorce.

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