Liberalization of Divorce: No-fault divorce in Denmark and the Nordic countries in the early 20th century

Abstract

Between 1909 and 1929, marriage laws were thoroughly reformed in all the Nordic countries. In 1909, Norway passed a liberal divorce act, representing the earliest formalization of the liberal divorce practice that had been prevalent through dispensations since 1790. The Norwegian law, based on a no-fault principle, provided the basis for the Nordic reform, which was liberal not only with regard to the possibilities of obtaining divorce but also to the judicial consequences of divorce. As a rule, the matrimonial property was to be distributed equally between the two spouses. In Denmark, the reform seems to have been politically uncontroversial, though some debates did take place, and both the Women’s Movement and the Church accepted divorce with a degree of reluctance. This article focuses on ambivalences concerning divorce in the legislative process in the first three decades of the 20th century.