ABSTRACT
Ever since the French Revolution, Europe, North America and other westernised countries 1 have been split into two camps: a progressive one, inspired by the ideology of the Enlightenment, and a conservative one which aspires to preserve or restore traditional family forms and values. 2 Over the last two centuries, divorce law has represented the main family law policy challenge for both European and North American proponents of these confl icting ideologies. Since the turn of the millennium, divorce has defi nitely lost its position as the major policy challenge, having been replaced by the issue of recognition of same-sex relationships. (See Chapter 1.4 of this book.) However, this does not mean that the liberalisation of divorce has completely lost its controversial character or that, in the twenty-fi rst century, the main policy challenge has shifted from the role of the state in the dissolution of marriage – for example, the grounds for divorce – to the fair regulation of the consequences of divorce; 3 this statement does, however, hold some truth.
