History of Marriage & Divorce Law

One of the earliest known written law codes to regulate marriage, divorce, dowry, and adultery.

• →Divorce was the husband's prerogative but required restoring the wife's dowry and providing income
• →Wives could seek divorce and keep dowry/children if the husband 'degraded' her
• →Adultery punished by drowning both parties
• →Formalized child betrothal contracts

First codified Roman law; established marriage as a property-related concern and recognized 'usus' marriage.

• →Tabula VI.6 codified marriage through usus (continuous cohabitation for one year)
• →Tabula XI prohibited interclass marriage between patricians and plebeians
• →Wives could interrupt usus by absenting themselves for three consecutive nights per year

Restored the right of interclass marriage between patricians and plebeians.

• →Legalized marriage between patricians and plebeians
• →Children inherited the class status of their father

Made marriage a civic duty under Emperor Augustus; penalized celibacy and childlessness.

• →Required all citizens of marriageable age to marry
• →Imposed inheritance restrictions for remaining unmarried or childless
• →Limited marriage across certain social class boundaries

Made adultery a public criminal offense for the first time in Roman history.

• →Punished adultery with banishment and property confiscation
• →Husbands required to divorce adulterous wives
• →Wife's adultery always criminal; husband's only criminal with married women

Codified Hindu marriage law, defining eight forms of marriage and spousal duties.

• →Defined eight types of marriage (Brahma, Prajapatya, Arsha, Daiva, Asura, Gandharva, Rakshasa, Paishacha)
• →Established wife's dependence on male relatives throughout life
• →Later texts (Narada Smriti, Parashara Smriti) permitted dissolution under limited grounds

First comprehensive compilation of Roman laws since Constantine; significantly restricted divorce rights.

• →Men could repudiate wife only for adultery, sorcery, or procuring
• →Wife divorcing without proving husband's 'great crimes' lost dowry and faced deportation
• →Tightened conditions for divorce compared to classical Roman law

Comprehensive codification of Roman law by Emperor Justinian I; foundation of civil law across Europe.

• →Novel 117 and Novel 134 reformed marriage and divorce law
• →Parties divorcing without enumerated grounds could be confined to a monastery
• →Strengthened dowry protections
• →Became the foundation of European civil law tradition

First canon law requiring a formal ceremony of marriage; ended recognition of clandestine marriages.

• →Required presence of parish priest and 2–3 witnesses for valid marriage
• →Mandated publication of banns before marriage
• →Required written marriage records
• →Marriages failing these requirements declared invalid

First codification of Islamic family law in history; applied to Muslims, Christians, and Jews.

• →Drew from all four Sunni schools of Islamic law
• →Expanded grounds for divorce to include disease, mental illness, and impotence
• →Became the basis for family law in Syria, Jordan, Lebanon, and Palestine

First statutory legislation requiring a formal ceremony of marriage in England.

• →Mandated Anglican church weddings as the only legal form of marriage
• →Required banns to be read for three consecutive weeks
• →Parental consent mandatory for minors
• →Non-compliant marriages declared void

First modern secular divorce law in Europe; established divorce on equal terms for men and women.

• →Allowed divorce by mutual consent
• →Permitted unilateral divorce on grounds of 'incompatibility of temperament'
• →Also allowed fault grounds: madness, violence, cruelty, abandonment for 2+ years
• →Resulted in 30,000 divorces between 1792–1803

Comprehensive civil law code; made divorce more restrictive; established husband's legal supremacy.

• →Abolished mutual consent divorce (restored the 1792 law's rollback)
• →Made it far easier for husbands to divorce than wives
• →Wife owed obedience to husband; children went to father by default
• →Influenced civil codes across Europe, Latin America, and beyond

Transferred divorce jurisdiction from ecclesiastical courts to secular civil courts for the first time.

• →Created the Court for Divorce and Matrimonial Causes
• →Husbands could divorce for wife's adultery alone
• →Wives required to prove adultery plus additional offense (double standard)
• →Section 57 permitted remarriage after divorce
• →Dramatically lowered the cost of divorce

Altered the doctrine of coverture; recognized married women as separate legal entities with property rights.

• →Gave married women the right to own, buy, and sell property in their own name
• →Restored wives' legal identity separate from husbands
• →Courts recognized husband and wife as two separate legal entities

Landmark statute allowing married women to retain property rights; became the template for other states.

• →Married women could keep property brought into marriage
• →Right to keep earned wages
• →Retained guardianship of children in cases of separation/divorce
• →Became the model for married women's property legislation nationwide (Mississippi passed a similar act in 1839)

World's first no-fault, no-grounds divorce system; abolished ecclesiastical power over marriage.

• →Eliminated validity of religious marriage (civil marriage only)
• →No-grounds divorce at request of either spouse
• →Abolished 'illegitimacy' — all children entitled to parental support
• →Established full gender equality in marriage

The 1924 act banned interracial marriage; the 1967 Supreme Court decision struck down all state antimiscegenation laws.

• →Racial Integrity Act criminalized interracial marriage and sex
• →Loving v. Virginia (unanimous 9-0) ruled antimiscegenation laws unconstitutional
• →Based on Equal Protection and Due Process Clauses of the 14th Amendment

Replaced Sharia-derived Mecelle with secular Swiss-model civil code; revolutionary secularization in a Muslim-majority nation.

• →Abolished polygamy; established monogamous marriage
• →Gave women equal rights to divorce, inheritance, and child custody
• →Set minimum marriage age at 18 for both sexes
• →Adopted nearly verbatim from the Swiss Civil Code

Recognized unregistered (de facto) marriages and expanded divorce access further.

• →Extended legal protections to unregistered (de facto) wives
• →Required equal division of property acquired during marriage
• →Either spouse could register divorce without partner's consent
• →Legalized adoption (previously prohibited)

Created a secular civil marriage option independent of any religion's personal law.

• →Enabled civil marriage for all Indian citizens regardless of religion
• →Applied to interfaith and inter-caste marriages
• →Provided for divorce by mutual consent after one year of separation

First codification of Hindu marriage law; introduced divorce for Hindus (previously considered sacramental and indissoluble).

• →Codified marriage and divorce law for Hindus, Sikhs, Jains, and Buddhists
• →Introduced judicial divorce on grounds including adultery, cruelty, desertion
• →Required monogamy; set minimum marriage ages
• →Applied to approximately 80% of India's population

Most progressive family law code in the Arab world; first Muslim-majority country to completely ban polygamy.

• →Outlawed polygamy entirely (punishable by one year imprisonment)
• →Required court proceedings for all divorces
• →Gave women equal right to file for divorce
• →Abolished wife's obligation of obedience to her husband
• →Required mutual consent for marriage

First comprehensive reform of Muslim family law in Pakistan; regulated polygamy and divorce procedure.

• →Made marriage registration mandatory
• →Required men seeking polygamy to obtain written permission from Arbitration Council
• →Required 90-day notice to Union Council before talaq takes effect
• →Violation of polygamy restriction punishable by imprisonment

First no-fault divorce law in the United States; signed by Governor Ronald Reagan.

• →Replaced 'divorce' with 'dissolution of marriage'
• →Established 'irreconcilable differences' as the sole ground
• →Eliminated fault as a factor in property division
• →Effective January 1, 1970; virtually every US state followed within 15 years

Introduced partial no-fault divorce; made 'irretrievable breakdown' the sole ground.

• →Ended requirement to prove fault for divorce
• →Allowed divorce after 2 years separation (with consent) or 5 years (without consent)
• →Adultery, behavior, and desertion remained as evidence of breakdown but not required

Model statute encouraging standardized no-fault marriage and divorce laws across all US states.

• →Introduced 'irreconcilable differences' as the sole ground for divorce
• →Addressed equitable property division
• →Set marriage age at 18 without consent, 16–18 with parental/judicial consent
• →Directly adopted by few states but profoundly influenced all state divorce law

Legalized divorce in Italy for the first time, breaking the Catholic Church's influence on civil law.

• →Allowed dissolution when 'spiritual and material communion between spouses cannot be maintained'
• →Survived a 1974 repeal referendum (59.3% voted to keep the law)
• →Referendum turnout was 87.7% — a massive public mandate

Replaced fault-based divorce with a no-fault system; eliminated 14 previous fault grounds.

• →Established sole ground of irretrievable breakdown proven by 12 months of separation
• →Eliminated all previous fault grounds (adultery, desertion, cruelty, etc.)
• →Ended the costly and humiliating process of proving spousal guilt in court

Introduced no-fault divorce in Germany; replaced fault-based system from the 1896 Civil Code.

• →Established irretrievable breakdown as the sole ground for divorce
• →Replaced the previous fault-based system from BGB of 1896 and Marriage Act of 1938
• →Built on the 1957 Equal Rights Act (Gleichberechtigungsgesetz)

Transformed New York from a common law property state to equitable distribution; recognized marriage as an economic partnership.

• →Required courts to equitably divide marital property based on multiple factors
• →Replaced the previous system where only alimony (available only to wives) existed
• →No provision for property distribution had existed before 1980

1981: Legalized divorce after a 40-year ban under Franco. 2005: Introduced express no-fault divorce.

• →1981 law required cause (alcoholism, infidelity, abandonment) and 2 years of separation
• →2005 reform introduced 'express divorce' — no cause, separation period, or judicial review required
• →Spain went from total ban to one of Europe's most liberal divorce laws in 24 years

Introduced no-fault divorce in Canada; reduced separation period from 3 years to 1 year.

• →Established marriage breakdown as the sole reason for divorce
• →Reduced required separation from 3 years (1968 Act) to 1 year
• →Placed both spouses on equal footing
• →Original 1968 Act had been Canada's first uniform federal divorce law

Comprehensive modernization of Swedish marriage law; codified no-fault divorce from 1973 reform.

• →Required spouses to show mutual respect and jointly nurture home and children
• →Included Act on Cohabitees' Joint Home — property rights for unmarried cohabitants
• →Part of broader Nordic family law cooperation dating to 1909

Removed constitutional ban on divorce; Ireland was the last Western European country to legalize divorce.

• →1937 Constitution had prohibited divorce entirely
• →First referendum to remove ban failed in 1986 (63.5% against)
• →Second referendum passed by narrowest margin: 50.28% to 49.72%
• →Required 4 out of 5 years living apart with no prospect of reconciliation

Defined marriage as one man/one woman for federal purposes; later struck down.

• →Allowed states to refuse recognition of same-sex marriages from other states
• →Denied over 1,000 federal benefits to same-sex couples
• →Struck down by United States v. Windsor (2013) and Obergefell v. Hodges (2015)

Recognized African customary law marriages (including polygynous marriages) as legal for the first time.

• →Signed by President Nelson Mandela
• →Customary marriages could only be dissolved by High Court or regional civil court
• →Ended the power of traditional leaders to grant divorces
• →All monogamous marriages in community of property unless antenuptial contract exists

Granted Egyptian women the right to file for no-fault divorce (khula) without requiring husband's consent.

• →Women could file for khula without demonstrating grounds
• →Wife must forfeit alimony, deferred dowry, and repay advanced dowry
• →Husband has no right to appeal khula
• →Prohibited talaq ghiyabi (divorce without informing the wife)

Made the Netherlands the first country in the world to legalize same-sex marriage.

• →Passed House of Representatives 109-33; Senate 49-26
• →Royal assent by Queen Beatrix, December 21, 2000
• →Effective April 1, 2001
• →Legalized same-sex adoption alongside marriage

Legalized divorce for the first time in Chilean history; Chile was the last country in the Western Hemisphere without divorce.

• →Introduced divorce after 1 year separation (mutual) or 3 years (unilateral)
• →Overturned the 1884 civil marriage code that prohibited divorce
• →Bill first introduced in 1914; passed after 18 previous bills failed

Most ambitious reform of Moroccan family law; moved from traditional Maliki Islamic law toward gender equality.

• →Regulated polygamy (requiring judicial authorization and first wife's consent)
• →Granted custody of children to the mother
• →Established equality between spouses in marriage for the first time
• →Initiated by King Mohammed VI

Made New York the last US state to enact no-fault divorce.

• →Added DRL 170(7): divorce by alleging irretrievable breakdown for 6+ months
• →No fault or specific reasons required
• →New York had required proving fault for all 50 prior years

Eliminated all preconditions for divorce; allowed immediate divorce without fault, waiting period, or prior judicial separation.

• →Altered Article 226 to simply read: 'Civil marriage can be dissolved by divorce'
• →Revoked Civil Code articles requiring judicial separation before divorce
• →Eliminated all fault requirements and separation periods

Legalized divorce in Malta — the last country in Europe without divorce.

• →Approved by referendum in 2011
• →Divorce allowed after 4 years separation (or 1 year if both consent)
• →Followed by Civil Unions Act 2014 and Marriage Equality Act 2017

Criminalized instant triple talaq — the practice of Muslim men instantly divorcing wives by pronouncing 'talaq' three times.

• →Declared instant triple talaq void and illegal
• →Imprisonment up to 3 years and fine for husband who practices it
• →Divorced woman entitled to subsistence allowance and custody of minor children
• →Triple talaq cases dropped 82% within one year

First legalization of same-sex marriage in Asia.

• →Followed a 2017 Constitutional Court ruling declaring marriage law unconstitutional for excluding same-sex couples
• →Legislature given two years to comply; act passed May 2019
• →Same-sex couples granted adoption rights in 2023

Introduced full no-fault divorce; came into force 6 April 2022.

• →Removed all fault-based requirements entirely
• →Sole or joint applications permitted
• →Statement of irretrievable breakdown is sufficient (no reasons needed)
• →Minimum 20-week 'reflection period' before conditional order

First-ever codification of family law in Saudi Arabia; previously judges interpreted Sharia independently.

• →252 provisions based on Islamic law; set minimum marriage age at 18
• →Ended 'secret divorce' — husbands must inform wives
• →Dowry belongs exclusively to the wife
• →Court can dissolve marriage for spousal harm, neglect, or prolonged absence
• →Only men retain unconditional right to initiate divorce (talaq)

Repealed DOMA; codified federal recognition of same-sex and interracial marriages.

• →Required all states to provide full faith and credit to out-of-state marriages
• →Codified the holdings of Windsor and Obergefell
• →First federal statutory authority for same-sex and interracial marriage
• →Signed by President Biden, December 13, 2022

Second country in Asia and first in Southeast Asia to legalize same-sex marriage.

• →Replaced 'men and women' with 'individuals' and 'husband and wife' with 'spouses'
• →Allowed same-sex couples to jointly adopt children
• →Signed by the King September 24, 2024; effective January 23, 2025