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Do Divorce Law Reforms Matter for Divorce Rates? Evidence from Portugal

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  • Clarisse Coelho
  • Nuno Garoupa

Abstract

The effect of divorce law reforms on divorce rates in the United States and elsewhere has generated a controversy in the law and economics literature. In this article, we study the contribution of divorce law reforms for the evolution of divorce rates in Portugal over the last 40 years. We focus on the reforms of divorce law in the 1970s and in the 1990s as well as socioeconomic factors as determinants of the divorce rate. We find that the introduction of a modern divorce law in the 1970s had a significant effect on the divorce rate, but the changes of the 1990s that effectively implemented a generalized no‐fault regime had no statistically significant impact. Our observations suggest that the reforms in the 1990s were likely the response of the legislature to growing divorce rates rather than the cause.

Suggested Citation

  • Clarisse Coelho & Nuno Garoupa, 2006. "Do Divorce Law Reforms Matter for Divorce Rates? Evidence from Portugal," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 3(3), pages 525-542, November.
  • Handle: RePEc:wly:empleg:v:3:y:2006:i:3:p:525-542
    DOI: 10.1111/j.1740-1461.2006.00078.x
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    1. Giulio Fella & Paola Manzini & Marco Mariotti, 2004. "Does Divorce Law Matter?," Journal of the European Economic Association, MIT Press, vol. 2(4), pages 607-633, June.
    2. Peters, H Elizabeth, 1986. "Marriage and Divorce: Informational Constraints and Private Contracting," American Economic Review, American Economic Association, vol. 76(3), pages 437-454, June.
    3. Weiss, Yoram & Willis, Robert J, 1997. "Match Quality, New Information, and Marital Dissolution," Journal of Labor Economics, University of Chicago Press, vol. 15(1), pages 293-329, January.
    4. Ellman, Ira Mark & Lohr, Sharon L., 1998. "Dissolving the relationship between divorce laws and divorce rates," International Review of Law and Economics, Elsevier, vol. 18(3), pages 341-359, September.
    5. Binner, Jane M & Dnes, Antony W, 2001. "Marriage, Divorce, and Legal Change: New Evidence from England and Wales," Economic Inquiry, Western Economic Association International, vol. 39(2), pages 298-306, April.
    6. Bowles, Roger & Garoupa, Nuno, 2002. "Household dissolution, child care and divorce law," International Review of Law and Economics, Elsevier, vol. 22(4), pages 495-510, December.
    7. Weiss, Yoram & Willis, Robert J, 1993. "Transfers among Divorced Couples: Evidence and Interpretation," Journal of Labor Economics, University of Chicago Press, vol. 11(4), pages 629-679, October.
    8. Becker, Gary S, 1973. "A Theory of Marriage: Part I," Journal of Political Economy, University of Chicago Press, vol. 81(4), pages 813-846, July-Aug..
    9. Zelder, Martin, 1993. "Inefficient Dissolutions as a Consequence of Public Goods: The Case of No-Fault Divorce," The Journal of Legal Studies, University of Chicago Press, vol. 22(2), pages 503-520, June.
    10. Leora Friedberg, 1998. "Did Unilateral Divorce Raise Divorce Rates? Evidence from Panel Data," NBER Working Papers 6398, National Bureau of Economic Research, Inc.
    11. Douglas Allen & Margaret Brinig, 1998. "Sex, Property Rights, and Divorce," European Journal of Law and Economics, Springer, vol. 5(3), pages 211-233, May.
    12. Dnes,Antony W. & Rowthorn,Robert (ed.), 2002. "The Law and Economics of Marriage and Divorce," Cambridge Books, Cambridge University Press, number 9780521809337, September.
    13. Becker, Gary S, 1974. "A Theory of Marriage: Part II," Journal of Political Economy, University of Chicago Press, vol. 82(2), pages 11-26, Part II, .
    14. 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.
    15. Gary S. Becker, 1974. "A Theory of Marriage," NBER Chapters, in: Economics of the Family: Marriage, Children, and Human Capital, pages 299-351, National Bureau of Economic Research, Inc.
    16. Weiss, Yoram & Willis, Robert J, 1985. "Children as Collective Goods and Divorce Settlements," Journal of Labor Economics, University of Chicago Press, vol. 3(3), pages 268-292, July.
    17. Shelly Lundberg & Robert A. Pollak, 1996. "Bargaining and Distribution in Marriage," Journal of Economic Perspectives, American Economic Association, vol. 10(4), pages 139-158, Fall.
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    3. Hiller, Victor & Recoules, Magali, 2013. "Changes in divorce patterns: Culture and the law," International Review of Law and Economics, Elsevier, vol. 34(C), pages 77-87.
    4. González-Val, Rafael & Marcén, Miriam, 2012. "Breaks in the breaks: An analysis of divorce rates in Europe," International Review of Law and Economics, Elsevier, vol. 32(2), pages 242-255.
    5. Sanna Huikari & Marko Korhonen & Mikko Puhakka, 2016. "’Til booze do us part: alcohol consumption and marital dissolution," Empirical Economics, Springer, vol. 51(2), pages 831-852, September.
    6. Rafael González-Val, 2022. "A Time Series Analysis of Judicial Foreclosures in Spain," JRFM, MDPI, vol. 15(10), pages 1-22, October.

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