ABSTRACT
Getting divorced and remarrying, as is common in European societies today, was also possible in past centuries. As summarized in the introduction, spouses could divorce even before the introduction of civil marriage, but the question of remarriage during the lifetime of the divorced spouse was regulated differently depending on the region, religion, or denomination. One underlying question was whether marriage was seen only as a contract between persons of different sexes or whether it also represented a spiritual bond. In the long period from the 17th century to the beginning of the 19th century, not only the access to and the types of divorce changed but so did the competent courts.
Regardless of whether the spouses remained bound by the spiritual bond of marriage or had the option to remarry during the lifetime of the divorced spouse, the material consequences associated with the divorce had to be settled. Differences existed based upon the provisions of customary and civil law. In practice, it also depended on whether the spouses had entered into prenuptial agreements or marriage contracts and which matrimonial property regime they chose. The complexity of different marital property regimes and the fact that many of the couples whose divorce proceedings are followed in the volume were not married for the first time sets the stage for the complexity of the question of divorce in Europe in this timeframe. Whether divorce was not only theoretically possible but also a practical option also depended on the spouse seeking divorce, in the vast majority women, being able to make a living independent of their spouse and expecting a better life after divorce. Studies of the subsequent fates of divorced spouses are, unfortunately, a research desideratum for all the regions and time periods examined in this volume.
