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Impact of Divorce Law Liberalisation on Domestic Violence

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  • Shreya Malhotra

Abstract

I examine the extent to which a shift from a mutual consent divorce regime to a unilateral divorce regime (UDR) succeeds in preventing domestic violence. In my framework, a partner may be inclined to violence but dislikes being subjected to a partner’s violence. I find that, when payoff from marriage is positive, both parties choose the maximum level of violence under a mutual consent regime (MCR). There is a parameter zone within which domestic violence falls as a transition is made to a UDR. Further, I find that policymakers can reduce the cost of filing for divorce. I also find that the marriage rate changes with the switch in the regime. JEL: C72, D10, D13, K36

Suggested Citation

  • Shreya Malhotra, 2024. "Impact of Divorce Law Liberalisation on Domestic Violence," Arthaniti: Journal of Economic Theory and Practice, , vol. 23(2), pages 223-243, December.
    • Handle: RePEc:sae:artjou:v:23:y:2024:i:2:p:223-243
    DOI: 10.1177/09767479221096712
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    References listed on IDEAS

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    1. Thomas S. Dee, 2003. "Until Death Do You Part: The Effects of Unilateral Divorce on Spousal Homicides," Economic Inquiry, Western Economic Association International, vol. 41(1), pages 163-182, January.
    2. Becker, Gary S & Landes, Elisabeth M & Michael, Robert T, 1977. "An Economic Analysis of Marital Instability," Journal of Political Economy, University of Chicago Press, vol. 85(6), pages 1141-1187, December.
    3. Betsey Stevenson & Justin Wolfers, 2006. "Bargaining in the Shadow of the Law: Divorce Laws and Family Distress," The Quarterly Journal of Economics, President and Fellows of Harvard College, vol. 121(1), pages 267-288.
    4. González, Libertad & Viitanen, Tarja K., 2009. "The effect of divorce laws on divorce rates in Europe," European Economic Review, Elsevier, vol. 53(2), pages 127-138, February.
    5. Justin Wolfers, 2006. "Did Unilateral Divorce Laws Raise Divorce Rates? A Reconciliation and New Results," American Economic Review, American Economic Association, vol. 96(5), pages 1802-1820, December.
    6. Peter T. Leeson & Joshua Pierson, 2017. "Economic origins of the no-fault divorce revolution," European Journal of Law and Economics, Springer, vol. 43(3), pages 419-439, June.
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    More about this item

    Keywords

    Family economics; game theory; mutual consent regime; non-cooperative games; unilateral divorce regime; domestic violence;
    All these keywords.

    JEL classification:

    • C72 - Mathematical and Quantitative Methods - - Game Theory and Bargaining Theory - - - Noncooperative Games
    • D10 - Microeconomics - - Household Behavior - - - General
    • D13 - Microeconomics - - Household Behavior - - - Household Production and Intrahouse Allocation
    • K36 - Law and Economics - - Other Substantive Areas of Law - - - Family and Personal Law

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