“Abielu on püha, aga ka riiklik leping, seda ei tohi rikkuda” ehk Lahutuskäitumine Eestis perekonnaõiguse muutuste valguses 1918–91

Abstract

“Marriage is sacred, but also a civil contract – it must not be broken” or Divorce Behaviour in the Context of Changes in Family Law in Estonia, 1918–91

This article examines the development of divorce law and divorce behaviour in Estonia throughout the 20th century, focusing on the period from the establishment of the independent Republic of Estonia in 1918 until the end of the Soviet occupation in 1991. The central research question asks whether, and to what extent, changes in divorce legislation influenced actual divorce behaviour during this period. The study is based on a close reading of legal texts – including the 1922 Marriage Law, the 1944 and 1969 Soviet family codes – as well as statistical data from Estonia’s interwar and Soviet-era family records and illustrative examples drawn from contemporary press coverage. The analysis is framed within the wider context of social, political, and ideological transformations that characterised 20thcentury Estonian society.

Marriage, as one of the oldest and most regulated social institutions, has long served both societal and legal functions. Legal frameworks surrounding marriage have historically reflected and shaped dominant norms, values, and power relations, particularly those related to gender and family life. In this light, the history of divorce offers a particularly revealing lens through which to analyse changing societal attitudes toward family, gender equality, and individual autonomy.

The 1922 Marriage Law of the Republic of Estonia marked a significant break with previous legal traditions rooted in the patriarchal Baltic Private Law and church laws. It established civil marriage as the norm and introduced several liberal grounds for divorce, including mutual consent and incompatibility – innovations that were progressive even in a broader European context. While the law facilitated the dissolution of unhappy marriages, especially those that had long since broken down in practice, divorce rates during the interwar period remained relatively modest. This suggests that the societal uptake of these new legal possibilities was gradual and selective, mediated by persistent social expectations and cultural norms surrounding marriage.

Following the Soviet occupation of Estonia, family law was rapidly brought into line with Soviet legal and ideological standards. The 1944 Soviet family code imposed stricter requirements for divorce, including mandatory public announcements and court hearings, as well as higher state fees. These restrictions temporarily suppressed divorce rates and reinforced the Soviet Union’s emphasis on the nuclear family as a cornerstone of socialist society. However, by the mid-1950s, legal practice began to shift. Judges increasingly accepted a wider array of reasons for divorce – including emotional and relational incompatibility – without requiring moral or legal fault. This judicial leniency was accompanied by a growing public discourse on the challenges of family life under socialism.

The 1965 legal reform, followed by the introduction of the 1969 Estonian SSR Marriage and Family Code, simplified the divorce process. For the first time since the interwar period, divorce was again possible through administrative (non-judicial) channels if both spouses agreed and had no underage children. Importantly, the 1969 code no longer specified permissible grounds for divorce, leaving judges to decide whether a marriage was irretrievably broken based on the couple’s claims. These reforms led to a marked and sustained increase in divorce rates, peaking in the 1980s, when approximately half of all marriages ended in divorce.

Statistical analysis of divorce trends in Estonia between 1922 and 1991 confirms a strong correlation between legal changes and divorce behaviour. Divorce rates rose sharply following each major liberalisation of divorce law. However, the longer-term increase in divorce rates cannot be explained by legal factors alone. Broader social developments – including urbanisation, women’s increased participation in the workforce, the weakening influence of religion, and the growing valorisation of individual happiness—also played a crucial role. The article argues that law functioned both as a reflection of these changes and as an active agent in shaping new social norms.

The article concludes that while family law reform alone did not create a “divorce culture”, it provided the legal infrastructure necessary for such a cultural shift to occur. By enabling divorce on more flexible and individuaal terms, the law increasingly framed marriage not as a permanent moral obligation but as a conditional and voluntary relationship, dissolvable when personal needs or expectations were no longer met. This shift in legal and social paradigms fundamentally altered the balance of power within marriage and the meaning of marriage itself.