Changes in Marriage and Family in Germany: With Special Reference to the First Marriage and Family Law Reform Act

Wakana BABA, Keio University

This paper focuses on the Marriage and Family Law in the Federal Republic of Germany, which was drastically reformed around the same time as the establishment of the SSHA. The fourth book of the Civil Code of 1900, "Marriage and Family Law", provided for the "housewife marriage". Among other things, Article 1354 gave the husband the right to decide on all matters relating to the marriage. Even in matters of household and childcare, the man could decide alone. He could also terminate his wife's employment contract against her will. After the Second World War, the division of responsibilities between the spouses had been still regulated in the Civil Code in much the same way as in 1900. The husband was generally responsible for the financial support of the family, while the wife was responsible for running the household and bringing up the children. Wives were only allowed to work if it was compatible with their duties in the marriage and family. The First Amendment to the Reform of Marriage and Family Law (1. EheRG) of 1976 brought about a fundamental reform of the law on marriage and divorce. The new regulation replaced the "housewife marriage" model with the partnership model, and the dependence on the husband, at least in marriage and family law, was dissolved. However, has the situation of the social and economic status of women changed? In this paper, special attention will be paid to an article published in the weekly newspaper "Die Zeit" dated on 15 October 1976, which predicted social changes after the enactment of the 1. EheRG in 1977. By examining the article that discussed the changes to this law, which had long been the legal underpinning of gender relations, the history of changes in marriage and family in Germany will be explored.

No extended abstract or paper available

 Presented in Session 198. Marriage Laws, Sex Positivity, and Negotiations over Bodily Autonomy under Patriarchy