Abstract

This article focuses on continuity and change in divorce politics in Norway, with reference to the other Nordic and a number of Western countries. Norway’s divorce law was liberalized in 1909; it built on a modern two-way system – divorce by court decisions and divorce by administrative procedure – and it built on the no-fault principle. It expressed that marriage is a secular institution, and the state should pay attention to individual rights for women and men. The law formalized a practice that had been tried out during the Danish-Norwegian absolutism. Denmark kept the two-way system and the no-fault system working, more or less unchanged, during the 19th century, but Norway did not. This article focuses on the following problems: To what extent was the Danish-Norwegian liberalization of divorce between 1790 and 1814 an experiment in enlightened absolutism? Was Denmark-Norway’s divorce policy in those years in accordance with divorce politics abroad? Why were Norwegian divorce rules and politics reversed after the break with Denmark and again liberalized from 1890?

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