For a brief period at the end of the 18th century, France had the most liberal divorce laws in Europe. This progressive legislation enabled thousands of couples to end their marriages simply because they wanted to, igniting debate among supporters and opponents of divorce.
Divorce was legalised in France on 20 September 1792 during the ongoing French Revolution, which aimed to overhaul long-standing customs. The first constitution of 1791 removed marriage from the jurisdiction of the Catholic Church, defining it instead as a civil contract. Just a year later, the law allowed couples to break that contract without needing to prove wrongdoing.
“The right to divorce stems from individual freedom,” stated the new law, which introduced multiple reasons for divorce, including absence, abuse, and insanity, allowing couples to separate without assigning fault. Both spouses could file for divorce by mutual consent or simply on grounds of “incompatibility”.
Historian Roderick Phillips notes that the 1792 divorce law was groundbreaking for its time, especially in comparison to the rest of Europe.
The process for filing for divorce was similarly unconventional; it was designed to empower families rather than rely solely on lawyers. Couples appointed family members or friends—three for each party—to act as a family court, responsible for mediating or assessing fault. This group would ultimately decide on the divorce, custody, property division, and support payments, before a judge formalised the decision. The entire procedure could take from a month to over a year.
In stark contrast, divorce in England at the time required parliamentary approval, making the French process more accessible and discreet.
Initially, the liberal divorce laws triggered a surge in cases, with an estimated 38,000 to 50,000 divorces occurring in France within the first decade. However, the rates peaked in the mid-1790s. Early cases often reflected pre-existing separations. For example, the first recorded divorce in Rouen involved a woman separating from a husband who had been absent since 1763 due to war.
Over time, as existing separations gained legal recognition, divorce rates stabilised. Most couples opted for no-fault divorces, especially those living in urban areas or those with skilled professions, which made independent living feasible.
Remarkably, women initiated most divorces. Phillips highlights that in Rouen, over 76% of divorce petitions were filed by women, a trend echoed in other major cities.
Debate around the divorce law centred on its potential to address inequalities faced by women. The law was part of broader social reforms aimed at reducing male dominance within families.
By late 1793, a woman famously presented her wedding ring to legislators to celebrate the right to divorce, proclaiming it a symbol of her newfound freedom.
However, such changes alarmed conservatives, who feared that rising divorce rates would destabilise society. They used divorce to criticise the revolution, viewing it as proof of societal decay. In response, restrictions were introduced in the new Civil Code of 1804, making it harder for women to obtain divorces and increasing penalties for adultery.
By 1816, divorce was abolished altogether as the monarchy regained power. It took nearly 70 years for the law to be reinstated, and even then, it was only allowed for serious misconduct.
It wasn’t until 1975 that couples could again divorce simply due to unhappiness, reviving rights enjoyed nearly 200 years earlier. Despite its short lifespan, France’s original divorce law influenced progressive movements, while also serving as a cautionary tale for conservatives. Phillips notes that it shaped discussions on divorce for over a century, with many citing its radicalisation during the revolution as a reason to avoid liberalising divorce laws thereafter.
