About: Divorce in Francoist Spain and the democratic transition

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Divorce in Francoist Spain and the democratic transition was illegal. While divorce had been legal during the Second Spanish Republic, Franco began to overturn these laws by March 1938. In 1945, the legislation embodied in his Fuero de los Españoles established that marriage was an indissoluble union. Divorce was still possible in Spain through the Catholic Church as a result of Pauline privilege or petrino. Marriages, primarily for the rich, could also be annulled through ecclesiastical tribunals. The Catholic Church was vigorously opposed to divorces, whether on religious or civil grounds.

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  • Divorce in Francoist Spain and the democratic transition was illegal. While divorce had been legal during the Second Spanish Republic, Franco began to overturn these laws by March 1938. In 1945, the legislation embodied in his Fuero de los Españoles established that marriage was an indissoluble union. Divorce was still possible in Spain through the Catholic Church as a result of Pauline privilege or petrino. Marriages, primarily for the rich, could also be annulled through ecclesiastical tribunals. The Catholic Church was vigorously opposed to divorces, whether on religious or civil grounds. The relationship between Spanish marriage and Catholic Canonical Law would fundamentally change following the death of Franco with the creation of the 1978 Spanish constitution. This came about because of the demands of the Spanish left, which finally gained representation after a long wait as a consequence of the 1977 Spanish general elections. The left had run on a platform of supporting divorce. Compromises were required so that canonical law could no longer dictate the country's marriage laws. Because of divisions in the Government, the issue of the legalization of divorce itself was delayed until 1981. That year, the divorce law passed, becoming official on 7 July 1981. To appease the Church, the process was designed to make it difficult for a divorce to be granted. The first divorce was granted to on 7 September 1981 in Santander. Express divorce would be many years off. (en)
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  • Divorce in Francoist Spain and the democratic transition was illegal. While divorce had been legal during the Second Spanish Republic, Franco began to overturn these laws by March 1938. In 1945, the legislation embodied in his Fuero de los Españoles established that marriage was an indissoluble union. Divorce was still possible in Spain through the Catholic Church as a result of Pauline privilege or petrino. Marriages, primarily for the rich, could also be annulled through ecclesiastical tribunals. The Catholic Church was vigorously opposed to divorces, whether on religious or civil grounds. (en)
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  • Divorce in Francoist Spain and the democratic transition (en)
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