Divorce Around the World

   Let us look at the different perspectives of divorce around the world.  "Just as marriage creates a family relationship, divorce ends that marriage.  Most of the Western Hemisphere and some countries in the Eastern Hemisphere allow divorce under certain circumstances.  The legal issues surrounding eligibility for divorce are often very complicated and include everything from alimony and child support to whether the divorced wife must return to her maiden name.  Remarriage is a surprisingly sticky issue, and throughout history many regions regulated if or when a divorced husband or wife could remarry" (History of Divorce, Kalafut, Molly 1).

   In the 11th and 12th centuries, marriage became more institutionalized and divorce law became more and more restrictive.  In the pre-Christian times there was considerable freedom to divorce.  In Roman law, divorce, as well as marriage, was an informal transaction between two parties privately.  Divorce upon mutual consent survived the reforms of Augustus and Constantine and the grounds for unilateral divorce were limited.  The Christian Church has always shown an aversion toward divorce.  The Church initially refused to bless all remarriages because it was believed that the spiritual ties created by marriage were not only survived by divorce but also death.  The New Testament mentions repudiating an adulterous wife, but there is no concensus on this point in the Catholic and Orthodox worlds. 

   The Orthodox Church, under pressure by Byzantine emperors, limited the possibility for divorce and remarriage.  The Catholic Church tolerated divorce and remarriage until late in the Middle Ages.  Around the 12th century the indissolubility of marriage started to be enforced and it became the exclusive affair of the Church.  In cases of adultery, separation was the only option, with no possibility for remarrying. 

   Some of the following examples show how divorce has been and is viewed around the world.  "Rome in classical times before Christianization had an informal, private divorce process.  Divorces could be carried out mutually by the partners.  Husbands could unilaterally decide on divorce for little or no reason, announced by a letter "repudium" (Kalafut 3).  Can you imagine being given a letter from your husband stating he was divorcing you for no reason?  "In 449 the emperors Theodosius and Valentinian of Rome changed the divorce law to allow penalty-free divorces to men and women if their spouse committed certain acts (homicide, poisoning, robbery, etc) (Kalafut 3). 

   "In 1792 divorce was legalized in France then later made illegal in 1816" (Kalafut 3).  It is legal today.  I can't believe that finally Ireland made divorce legal on February 27, 1997!  This is a good example of knowing family law before moving to another country.  Chile is another country that has made tremendous cultural changes in the last decade by allowing divorce to become legal in 2004 after a 120 year ban.  Also, Italy joined the Western Hemisphere in 1974 by legalizing divorce.  This was a landmark decision in a country that has been dominated by the Roman Catholic Church.

   It is evident that divorce has not been a new concept over time and among cultures, but the process has evolved.


Antokolskaia, Masha V.  "The Process of Modernisation of Family Law in Eastern and Western Europe, Difference in Timing, Resemblance in Substance."  EJCL Volume number 4.2 (2000): 5-7.  http://www.ejcl.org/.  Web.   11/12/2010.

Kalafut, Molly.  "Molly Kalafut".  http://www.molly.kalafut.org/. 2009. Web. 11/12/2010.

History of Divorce

                                                  photo by encyclopedia brittanica

                   

   The Bible states "there is nothing new under the sun" (Ecclesiastes 1:9).  This is true of divorce.             The practice and "law" of divorce has been documented as early as ca. 1760 BCE in the Code of Hammurabi.  The Code states "divorce was optional with the man, but he had to restore the dowry and, if the wife had borne him children, she had the custody of them.  He had then to assign her the income of field, or garden, as well as goods, to maintain herself and children until they grew up.  She then shared equally with them in the estate upon his death and was free to marry again.  If she had no children, he returned her the dowry and paid her a sum equivalent to the bride-price, or a mina of silver, if there had been none.

   If she had been a bad wife, the Code allowed him to send her away, while he kept the children and her dowry; or he could degrade her to the position of a slave in his own house, where she would have food and clothing" (King 17).  Through the ages, divorce has touched someone in some way.  You might not have personal experience directly, but the effects indirectly can be substantial.  In this blog I will educate and enlighten you on the history of divorce and the viewpoints on it from Roman Catholicism to Christianity.  We will also discuss the skyrocketing statistics of divorce rates and the effects on children of divorced families.  I, myself, have become one of the statistics and fortunately did not have children of my own.

"Bible."  Ecclesiastes 1:9
King, L.W.  "The Code of Hammurabi."  Translated.  Encyclopedia Brittanica.  11th Edition, 1910.  17.
Photo by Encyclopedia Brittanica, 11th Edition, 1910.