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The Effects of Divorce on Children

Published online by Cambridge University Press:  28 February 2019

Elena Lauroba
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Extract

As we speak about Family Law, I want to begin my exposition with a concise picture of the Catalan society and the “Catalan family”. Our concept of family, like other neighboring societies, has changed substantially in relation to the preceding generations. Catalonia today is an aging society with rather low fertility, increasing divorce rates and a large increase in the number of single households (the result of an increased life expectancy). Furthermore, the man is no longer the only household member who contributes to household income; in more and more families both men and women engage in paid employment. The female employment rate has risen in a big way, which explains that the average age for a first marriage is over thirty years for both women and men. This fact means in practice that Catalonian couples have few children: one, two, or as a heroic common project, three.

Type
Articles
Information
International Journal of Legal Information , Volume 42 , Issue 1 , Spring 2014 , pp. 55 - 66
Copyright
Copyright © 2014 by The Institute for International Legal Information 

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References

1 I remember recent information from England (The Telegraph, 10. July. 2013): “The proportion of children born to unmarried mothers hit a record 47.5 per cent last year, according to the Office for National Statistics. The figure has risen from 25 per cent in 1988 and just 11 per cent in 1979. If the trend continues at the current rate, the majority of children will be born to parents who are not married by 2016”.Google Scholar

2 The Title of the Article 231-1 is clear: “The heterogeneity of the family group.”Google Scholar

3 http://ceflonline.net/wp-content/uploads/Principles-PR-English.pdf.Google Scholar

4 http://ius.unibas.ch/uploads/publics/6428/20111027161123_4ea9668bdfd0f.pdf.Google Scholar

5 See Lauroba, E., “Ejercicio de la guarda y responsabilidad parental. La propuesta del Código civil catalán”, Revista Jurídica de Cataluña, 2011–2, p.313–344.Google Scholar

6 To clarify concepts, it helps the California Family Code 2002: Art. 3002“Joint custody” means joint physical custody and joint legal custody” // Art.3003: “Joint legal custody” means that both parents shall share the right and the responsibility to make the decisions relating to the health, education //Art. 3004: “Joint physical custody” means that each of the parents shall have significant periods of physical custody. Joint physical custody shall be shared by the parents in such a way so as to assure a child of frequent and continuing contact with both parents…”. Moreover, a good explanation of shared custody in Spain, in A. Hayden, “Shared Custody: A Comparative Study of the Position in Spain and England”, Indret, 1/2011, http://www.indret.com/pdf/795_en.pdf Google Scholar

7 I think that in the next years we will discuss collaborative law, but now this possibility is not taken into account in our country.Google Scholar

8 http://www10.gencat.cat/sac/AppJava/organisme_fitxa.jsp?codi=12844 Google Scholar

9 www.llibreblancmediacio.com.Google Scholar

10 In a graphic image, every parent pays for the steak and for the dessert.Google Scholar

11 http://www.poderjudicial.es/cgpj/es/Poder_Judicial/En_Portada/Tablas_orientadoras_para_de-terminar_las_pensiones_alimenticias_de_los_hijos_en_los_procesos_de_familia_elaboradas_por_el_CGPJ Google Scholar

12 For a general view, See Lauroba, E., “La regulation du divorce en Espagne”, in S. Corneloup, Droit européen du divorce. European Divorce Law, LexisNexis, 2013, pp.85–112.Google Scholar