Family breakdown in nineteenth-century Netherlands: divorcing couples in The Hague.

This is an analysis of divorce trends in the Netherlands in the second half of the nineteenth century. "Use was made of a case-control research design in which the social characteristics of all marriages which ended in divorce were compared with those of a random sample from the marriages which ended in widowhood. The author analyzed a group of 2,300 marriages contracted in The Hague from their inception until their dissolution by death or divorce. All migrants were followed to their new place of residence. Multivariate (proportional hazards) analysis showed that the highest probability of divorce was found among persons who had already gone through a divorce before. Other factors related to divorce were high mobility, low ages at marriage, and large age and religious differences between spouses. Higher social classes had relatively high divorce risks."     

When every relationship is above average

Marriage license applicants and law students were surveyed about their knowledge of divorce statutes, knowledge of the demographics of divorce, and expectations for their own marriage. Both groups had largely incorrect perceptions of the legal terms of the marriage contract as embodied in divorce statutes, but they had relatively accurate, if sometimes optimistic, perceptions of both the likelihood and the effects of divorce in the population at large. These same individuals expressed thoroughly idealistic expectations about both the longevity of their own marriages and the consequences should they personally be divorced. Increasing individuals' knowledge of divorce statutes through a course on family law did not diminish this unrealistic optimism. Both groups largely approved of the existing divorce statutes, although there was substantial agreement about a few important respects in which the laws should be changed. These findings suggest that the sense of unfairness and surprise that frequently attend divorce may be a result of systematic cognitive biases rather than of a lack of information about divorce.     

'These boots are made for walking': why most divorce filers are women

Because of the financial and social hardship faced after divorce,most people assume that generally husbands have instigated divorcesince the introduction of no-fault divorce. Yet women file fordivorce and are often the instigators of separation, despitea deep attachment to their children and the evidence that manydivorces harm children. Furthermore, divorced women in largenumbers reveal that they are happier than they were while married.They report relief and certainty that they were right in leavingtheir marriages. This fundamental puzzle suggests that the incentivesto divorce require a reexamination, and that the forces affectingthe net benefits from marriage may be quite complicated, andperhaps asymmetric between men and women. This paper considerswomen's filing as rational behavior, based on spouses' relativepower in the marriage, their opportunities following divorce,and their anticipation of custody.     

The Street‐Level Response to Relationship Breakdown: A Lesson for National Policy?

In January 2001, the Government announced its intention to repeal the divorce reforms contained in the Family Law Act 1996. The ‘story’ of the Act is largely one of compromise: between a backward‐looking idealism, casting divorce law in the role of supporting marriage, and a more forward‐facing pragmatism, accepting the necessity of engaging with social reality. The result was legislation that sought both to save and end marriages – although a key reason for proposing the Act's repeal was an alleged failure to save marriages. This national approach to relationship breakdown contrasts sharply with that at ‘street‐level’, where work aims to provide a service catering to the diversity of modern family life. The apparent success of this approach prompts the question of whether there are lessons for national policy. Drawing on a series of interviews with national policy‐makers and street‐level workers, this paper compares national and local perspectives and suggests that a new mind‐set and approach, akin to that operating on the ground, is needed at national level if workable divorce law reform is to be achieved.     

Protecting Homemakers' Marriage-Specific Investments under No-Fault Divorce: A Model for Restructuring Alimony in Civil Law Countries

The radical reform of Greek family law in 1983 included theintroduction of no-fault divorce. This study examines the impactof the new liberalized divorce law on the well-being of homemakersin long-duration traditional marriages. We reviewed a sampleof reported judicial decisions on postdivorce maintenance andfound that Greek judges render restrictive interpretations ofthe general standards of need, adequacy, and sufficiency. Weconclude that judges have failed to compensate full-time homemakersfor their nonpecuniary contributions, and we propose a reliance-basedalimony model that judges can use to protect financially weakerspouses upon divorce.     

CULTURE, DIVORCE, AND FAMILY MEDIATION IN HONG KONG

Over the past three decades, Hong Kong has witnessed unprecedented economic prosperity, a decrease in family solidarity, an increase in social problems, and a dramatic rise in the incidence of divorce. Under colonial rule for 150 years, which ended with the return of sovereignty to China in 1997, the identity of the Hong Kong Chinese is a combination of traditional Chinese and modern Western culture. Despite Western influences, Chinese cultural heritage remains the major source of influence in all aspects of life. This article presents a summary of traditional Chinese culture, characteristics of contemporary Hong Kong society, factors believed to influence the high divorce rate, and the impact of divorce on Hong Kong families. The development, use, acceptability, and effectiveness of mediation in Hong Kong is reviewed, and suggestions for adapting it to Chinese families are proposed. Direction for future development of mediation in Hong Kong focuses on the need for further research to develop a scientifically sound knowledge base that will help to inform culturally competent mediation practice.     

“To establish a community of property”: Marriage and race before and during the Haitian Revolution

The Haitian Revolution (1791–1804) was the greatest social upheaval in the Age of Atlantic Revolutions. The paper presents results from the first systematic study of marriage during this event, which included slave rebellion (1791), general emancipation (1793) and political independence from France (1803). The article focuses on a single colonial parish, leveraging a sample of roughly 1000 contracts by comparing them with similar documents from same region in the 1760s and 1780s. Ironically, amid a revolution that was ostensibly eliminating slavery and racism, the interracial marriages that had once been common in this parish virtually disappeared. The wealthy “mulatto” families who had been free long before 1791 intensified their pre-Revolutionary pattern of endogamy and cousin-marriage. In the meantime, French male immigrants of the sort who, before the Revolution, had allied with these established clans, now shunned these marriages.     

“To establish a community of property”: Marriage and race before and during the Haitian Revolution

The Haitian Revolution (1791–1804) was the greatest social upheaval in the Age of Atlantic Revolutions. The paper presents results from the first systematic study of marriage during this event, which included slave rebellion (1791), general emancipation (1793) and political independence from France (1803). The article focuses on a single colonial parish, leveraging a sample of roughly 1000 contracts by comparing them with similar documents from same region in the 1760s and 1780s. Ironically, amid a revolution that was ostensibly eliminating slavery and racism, the interracial marriages that had once been common in this parish virtually disappeared. The wealthy “mulatto” families who had been free long before 1791 intensified their pre-Revolutionary pattern of endogamy and cousin-marriage. In the meantime, French male immigrants of the sort who, before the Revolution, had allied with these established clans, now shunned these marriages.     

SPOUSAL CONSENSUS ON THE DIVORCE DECISION AND MEDIATION OUTCOME

This study examined the relationship between spousal consensus on the decision to divorce and mediation outcome. Based largely on clinical experience and deductive reasoning, the conceptual literature has held that low consensus is negatively related to success in divorce mediation. To empirically explore this relationship, 72 families beginning court-ordered divorce mediation were asked whether they agreed that divorce was the best way out of their problems. Statistical analysis of their responses as they related to the outcome of mediation did not support the conceptual literature. No significant relationship was found between spousal consensus on the divorce decision and mediation outcome, a finding which agrees with the limited empirical research. This indicated that mediation is more tolerant of spousal nonconsensus than had been assumed in the divorce mediation literature.     

Jewish–Gentile intermarriage in pre-war Amsterdam

Intermarriage is generally regarded as the litmus test in the process of assimilation of ethnic-minority groups. The Jewish community in Amsterdam was a religious minority. When a Jew married a Gentile it was assumed that Judaism lost a family. Odds ratio calculations based on marriage tables for 1911–1941 show that the rate of intermarriage among Jews was much lower than among Catholics, Protestants and religious unaffiliated. Although the Jewish community might still be more homogeneous than the Protestant and Catholic communities, it was rapidly assimilating as the log odds ratios for Jews dropped more heavily. While mutual aversion is reflected in the remaining high log odds ratios for Jewish–Catholic marriages, Jewish–Protestant marriages and Jewish–unaffiliated marriages increased because of the higher propensity among Protestants to marry a Jew and the higher propensity among Jews to marry an unaffiliated spouse from the 1920s onwards. Next, we created life courses for a sample of 480 descendants from Jewish grandparents living in Amsterdam in 1941 of whom we know were married to a Gentile or to a Jew. The collected data from the Amsterdam registry allow us to test several hypotheses on preferences, opportunities and third parties in a logistic regression analysis. One's own affiliation significantly influenced the preference to marry a Gentile or a Jew. Successive marriage cohorts showed a higher chance to marry a Gentile among those who had Jewish parents at birth. A similar but weaker effect is found for those born in the old Jewish neighborhood. These differences in effect on later marriage cohorts indicate that religious and social barriers within the Jewish community had largely diminished. Opportunities like the social network of the mother and the living district during one's adolescents' age also significantly influenced the choice of a spouse.     

Jewish–Gentile intermarriage in pre-war Amsterdam

Intermarriage is generally regarded as the litmus test in the process of assimilation of ethnic-minority groups. The Jewish community in Amsterdam was a religious minority. When a Jew married a Gentile it was assumed that Judaism lost a family. Odds ratio calculations based on marriage tables for 1911–1941 show that the rate of intermarriage among Jews was much lower than among Catholics, Protestants and religious unaffiliated. Although the Jewish community might still be more homogeneous than the Protestant and Catholic communities, it was rapidly assimilating as the log odds ratios for Jews dropped more heavily. While mutual aversion is reflected in the remaining high log odds ratios for Jewish–Catholic marriages, Jewish–Protestant marriages and Jewish–unaffiliated marriages increased because of the higher propensity among Protestants to marry a Jew and the higher propensity among Jews to marry an unaffiliated spouse from the 1920s onwards. Next, we created life courses for a sample of 480 descendants from Jewish grandparents living in Amsterdam in 1941 of whom we know were married to a Gentile or to a Jew. The collected data from the Amsterdam registry allow us to test several hypotheses on preferences, opportunities and third parties in a logistic regression analysis. One's own affiliation significantly influenced the preference to marry a Gentile or a Jew. Successive marriage cohorts showed a higher chance to marry a Gentile among those who had Jewish parents at birth. A similar but weaker effect is found for those born in the old Jewish neighborhood. These differences in effect on later marriage cohorts indicate that religious and social barriers within the Jewish community had largely diminished. Opportunities like the social network of the mother and the living district during one's adolescents' age also significantly influenced the choice of a spouse.     

Youth crime and family disruption in Canadian municipalities: An adaptation of Shaw and McKay’s social disorganization theory

Using an adaptation of Shaw and McKay’s (1942) theory, the present study examined the effects of social disorganization and family disruption on youth crime. Based on data from 483 Canadian municipalities, the results revealed that low income, mobility and ethnic heterogeneity had the expected positive effects on youth crime, particularly in municipalities with smaller population and lower prevalence of low income. The effect of single parenthood was positive as expected whereas that of divorce was unexpectedly negative. The findings suggest the importance to specify the conditions for the effect of social disorganization and differentiate the effects of divorce and single parenthood. The unexpected negative effect also raises the possibility of divorce as law mobilization, thus underscoring the roles of planning and legal intervention in social disorganization. In terms of policies, the findings suggest early intervention for social disorganization, support for single-parent families, and the incorporation of divorcees in productive activities.     

The Division of Marital Assets Following Divorce

In this paper, several possible bases for post-divorce asset division are examined from an economics-of-law perspective, focusing in particular on the incentives for opportunistic behaviour set up by the use of reliance, restitution, partnership, rehabilitation, and needs-based approaches. The current focus of marital law in England and Wales on a mixture of needs-based and contractual elements in divorce settlements is vulnerable to the charge that behaviour is encouraged in both males and females that is predatory in nature. The contractual uncertainty that follows from this may well deter some good quality marriages that might otherwise occur. The paper explores the case for using an expectations-damages approach, given that this can deter opportunistic divorce. The conclusions favour an updated and flexible view of the marriage contract. The paper draws extensively on the American literature covering property settlements.     

Designing Heart‐Based Systems to Encourage Forgiveness and Reconciliation in Divorcing Families

Conflicts in intimate relationships are often accidental, occasional, and unique; yet they are also systemic, repetitive, and alike. For this reason, they are amenable to systemic analysis and resolution by altering them at their chronic sources and applying the preventative methodology of conflict resolution systems design. The central difficulties with using traditional forms of conflict resolution systems design in marriages, couples, and families are that they do not effectively address the emotional meaning or significance of the conflict within the relationship; are not grounded in the heart; and do not address the intimate, relational aspects of intimate, affective conflicts. Marriages and families are deeply sensitive, highly complex emotional relationships that require systems design methodologies that are profoundly informed by the heart. This article proposes a heart‐based systems design approach that includes forgiveness and reconciliation for use in marriages and families, including those that end in divorce.

Key Points for the Family Court Community:
• Conflicts in intimate relationships are accidental, occasional, and unique; yet they are also systemic, repetitive, and alike.
• Marriages and families are deeply sensitive, highly complex emotional relationships that require systems design methodologies that are profoundly informed by the heart.
• It is possible to create a heart-based systems design approach to marital, family and divorce conflicts that includes forgiveness and reconciliation.

     

MANDATORY MEDIATION OF CUSTODY IN THE FACE OF DOMESTIC VIOLENCE

Mediation is frequently mandated as a first step for custody, visitation, and divorce cases. As a process that requires a balance of power between participants, mediation is not an appropriate method to resolve domestic violence disputes, a phenomenon that reflects profound disparities in power between the perpetrator and the victim. Of all marriages referred to court-based divorce and custody/visitation mediation programs, 50% to 80% involve domestic violence. This raises very serious questions about mandatory mediation. This article considers the effects of domestic violence on the mediation process. It questions the use of mandatory mediation and suggests ways that mediators might recognize and respond to domestic violence.     

Where did the first divorced people live in Paris and its suburbs?

ABSTRACT

Following the law of 1884 that re-authorised divorce in France, divorce was more frequent in the large cities before spreading to other urban areas and then to rural ones. Divorce rates were especially high in the Seine département from 1884 to the eve of the First World War. In this region, divorced people lived more frequently in Paris than in the suburbs. More precisely, they resided more often on the Right Bank of the Seine in Paris proper (intra-muros) and, as an extension of this area, in the suburban cities to the west and, to the east, around the Bois de Vincennes. A comparison of the share of divorced men and women to the economic, demographic and cultural characteristics of the 20 Paris arrondissements and 74 suburban municipalities in the Seine département shows that a portion of the spatial distribution can be explained by the occupational structures of the area. Divorced people seldom lived in the most rural areas. This urban/rural divide can be explained by two main factors that can be complementary: the economic possibility to divorce – and here we will add the economic possibility for women to leave live alone after a divorce – and the social and cultural acceptance of divorce.     

HELPING CHILDREN SUCCEED AFTER DIVORCE

In an effort to prevent some of the well-documented problems that occur in children and families undergoing divorce, a parent education program, Helping children Succeed After Divorce, was developed and mandated by a domestic relations court in a major metropolitan area. The purpose of the parent seminar is to educate divorcing parents about the effects of divorce and continued conflict on their children and to specify concrete actions that divorcing parents can take to help their children. The seminar's intent is to prevent long-term emotional, social, and academic problems among children of divorce. This article addresses the development, operation, and preliminary evaluation results of this psychoeducational program for divorcing parents.     

Impact of procedural factors on perceived justice in divorce settlements

We used a decision-making conceptual framework from family resource management combined with procedural justice frameworks from social psychology to (i) articulate the elements and rules of procedural fairness, (ii) develop a theoretical organization and code to include procedural fairness principles as applied to legal decision processes in divorce, and (iii) describe the perceptions of divorcing parties about the violations of procedural fairness principles in their own divorce process. Procedural fairness principles included accuracy, consistency, ethicality, bias suppression, correctability, and representativeness. Results of qualitative data analyses were consistent with experimental studies in that divorced people were concerned with fair procedures and particularly with violations of the principles of ethicality, consistency, accuracy, and representativeness.     

Understanding due discretion of judgment in Catholic marriage courts

Psychiatrists and psychologists provide consultation to the Catholic Church's marriage courts. Operating under the Church's legal code, these tribunals assess the validity of weddings that have ended in divorce. This report describes one of the standards used for this purpose, the lack of due discretion of judgment, which is concerned with the maturity, understanding, and appreciation that the couple brought to the ceremony. This normal capacity is vulnerable to various mental illnesses, which if present with sufficient severity may nullify the marriage vows as seen by the Church (though not necessarily by the state). Such a finding results in freedom to marry again despite the Church's ban on divorce, provided that due discretion of judgment is regained. Case examples and discussion of the assessment process for due discretion of judgment prepare the consultant to apply psychiatric findings to this unique and urgent legal issue.     

English population statistics before 1800

The first national census of the British population was organized in 1801; the civil registration of births, marriages, and deaths commenced in 1837; and the first tentative attempt by the state to compile statistics on migration was included in the census of 1841. Prior to 1801, the chief source of information on the demography of the country was provided by the clergy's registration of baptisms, marriages, and burials that had occurred in their parishes, supplemented by information on mortality in the Bills of Mortality that were published for certain large towns and by inferences drawn from various counts of taxpayers. The article focuses on the reliability of the parochial registration system and the way in which it was exploited by the state as measured against the state's objectives for establishing it in 1538. These objectives were rarely achieved. By the end of the 18th century, the parish registers were falling short of providing a national system of registration. Neither had the registers at any time provided the requisite detail to allow the verification of age, lineal descent, or right of inheritance. They had not been used as a way of raising revenue except briefly between 1694 and 1705. Moreover, the Anglican Church was extremely lax about the enforcement of its own regulations regarding the appropriate time for registering baptisms, burials, and marriages.