Civil Marriage and Divorce

The French Revolution significantly transformed civil marriage and divorce, aligning these institutions with revolutionary ideals. Before 1789, marriage in France was primarily a religious sacrament controlled by the Catholic Church, and divorce was virtually nonexistent due to the Church’s staunch opposition to the dissolution of marriage.

On 20 September 1792, the National Convention passed a decree that secularized marriage, transforming it into a civil contract. The decree mandated that all marriages be officiated by a civil authority (the mayor or another municipal officer) rather than a religious figure. This shift emphasized the state's role in personal matters and reduced the Church's influence over individuals’ lives. Civil registries were established to document marriages, births, and deaths. Consequently, marriage became a legal matter accessible to all citizens, regardless of their religious affiliation.

The same legislative package that introduced civil marriage also legalized divorce. This marked a dramatic departure from previous norms. The law allowed divorce by mutual consent and for specific reasons such as adultery, cruelty, desertion, and mutual incompatibility. This liberal approach to divorce was a progressive step; it recognized individual rights and provided an avenue for dissolving unions that were unhappy or harmful. Both men and women could initiate divorce, although societal norms still favored men in practice. Divorce rates rose notably during this period as couples took advantage of the new legal framework.

By 1804, the Civil Code (also known as the Napoleonic Code) was instituted. It upheld the principles of civil marriage and divorce established during the revolution, though it imposed more restrictions than the initial revolutionary laws. Divorce by mutual consent was restricted, and a greater emphasis was placed on fault-based grounds. Nevertheless, the Civil Code maintained the secular nature of marriage and the possibility of legal divorce, embedding these innovations into the French legal system permanently.

These legislative changes concerning civil marriage and divorce during the French Revolution had far-reaching social implications. They promoted individual rights, secularism, and the separation of church and state. Instituting marriage as a civil contract and permitting divorce created a framework that supported personal freedom and reflected the revolutionary ethos of equality and liberty.

• The Civil Constitution of the Clergy (1790) not only reformed the French clergy but also facilitated the establishment of civil marriage as a state function, effectively separating church and state in marriage matters.
• Introduced in 1792, civil marriage enabled couples to marry without religious ceremony, reflecting revolutionary ideals of individual rights and secularism; it marked the first time marriage was governed by civil rather than religious law in France.
• Divorce was legalized in France in 1792, making it progressive compared to other countries of the time; couples could separate by mutual consent or for stated reasons, which was a significant departure from traditional Catholic doctrine.
• Under the revolutionary laws, both men and women had equal rights to initiate divorce, unlike many other jurisdictions, where typically only men had such rights during that period.
• The revolutionary emphasis on liberty and equality allowed for easy divorces, with minimal requirements—such as no fault to be proven—resulting in a significant increase in divorce rates during the Revolution.
• The legal framework for divorce was repealed under Napoleon’s Code Civil in 1804, re-establishing more restrictive laws that favored the sanctity of marriage and further reducing women's rights in this realm.