In this post we deal with an issue that goes beyond the strictly legal but that we find very interesting in order to understand the new trends in Family Law, trends in which the Catalan Civil Code and the jurisprudence of the courts of this autonomous community have often been pioneers.
The concept of couple has evolved enormously in the last decades and these different models have undoubtedly provoked changes, such as the greater regulation of the common-law couple.
We have also experienced changes in custody trends, as well as in the equalization of rights and duties in parenting that are transferred to the legal sphere (for example, in terms of maternity and paternity leave).
From the traditional family to the modern couple: How have the types of unions evolved in Spain?
To analyze these changes we focus on an interesting study prepared and published by the BBVA Foundation, entitled ‘The evolution of the couple in Spain: from the rite of lifelong marriage to the diversity of relationships based on the private pact and the acceptance of breakup and re-partnering’. Directed by Félix Requena, Professor of Sociology at the University of Málaga, this study offers an x-ray of this evolution, focusing on some of the new types of couples or, rather, of unions, since the nucleus of two people forming a “family” is no longer necessarily the model of the sentimental relationship.
The general objective is to know the way in which Spanish unions manage the processes of rapprochement, the dynamics of life together, and the form and consequences of breakups, which are becoming more and more frequent.
It is at this point that important legal decisions and often painful negotiations come into play, as well as possible conflicts which, in case of mismanagement, can become entrenched for a lifetime.
The results obtained point to the important transformations taking place in the private sphere in our country.
The processes of pairing or union are increasingly extended throughout the life cycle with a greater acceptance of plurality.
In this sense, new technologies contribute to broaden the markets of sentimental and/or sexual union, just as our new social values accentuate this tendency.
The result is a wide range of affective-sexual relationships that affect stable union projects.
These changes even affect older people: the 65+ age group is still traditional in terms of the use of new technologies, but those in this group have increased their communication within the family.
In addition, aspects such as reconciliation, care management, money, or sexuality are more explicitly part of the management of intimacy, with a trend towards greater gender equality.
As for breakups, they are more present in all generations, being experienced with greater normalization than in the past.
It could be said that we are moving towards a model in which relationships are more flexible and fluid, and where bonds, approached in a positive way, can be lighter and more respectful precisely because the rigidity that has characterized them has been lost.
The reasons for break-ups have also changed and nowadays have to do mainly with emotional issues, and more work needs to be done on managing emotions at all ages.
The analysis of networks highlights the particular process of “nuclearization” of couple relationships in Spain, with fewer children and with a greater weight of digital networks and friends, but without losing the structural links that have been key, for example, in the face of pandemics and confinement.
These are some of the most important trends that the study shows:
- The development of life as a couple is marked and influenced by the increase in life expectancy.
- The members of the couple or union define the type of relationship they will maintain, what the rules of their privacy will be and the existence or not of “red lines”.
The relationship model is therefore richer and more varied, the result of negotiation between the parties. - We are experiencing a “revolution in matchmaking markets” as a result of the development of ICTs.
Thus, the diversity and typology of unions is multiplying, and we feel that the opportunity cost is increasing. - All this does not end up banishing the so-called “utopia of romantic love”, which is still very present, although in coexistence with other types of love, such as individualistic love, digital love and even the so-called ‘fastlove’, which identifies love as an object of consumption.
- Internally, the trend is towards equality within the couple, especially among the younger ones.
- The greater socialization of the new generations in the breakup gives rise to a greater emphasis on knowing how to manage disagreements and being prepared for an emotional disagreement.
New types of couples and family law
How can all this influence the family law framework?
From a positive point of view, couples are tending towards a scenario in which negotiation can potentially be healthier, thanks to a better management of conflict and emotions.
This is undoubtedly good news, especially when there are children involved in a break-up process.
In addition, moving towards equality within the couple can reduce the incidence of internal conflicts, as there is an increasingly equal sharing of tasks and a climate of greater communication and mutual respect.
Greater flexibility and individual freedom within the couple also promise to reduce friction and, with it, breakups or, at least, the possible conflict associated with them.
However, there are important legal challenges, marked by trends such as open couples, polyamory… Our society is increasingly pointing out the dysfunctions of a legal system that continues to place the traditional family at the center, leaving out the rights of other possible members of the affective circle.
And, as it usually happens in the world of Law, society moves little by little towards new paradigms, while the laws always seem to be one step behind reality. If you need legal assistance in any family law matter, contact our team: we offer a multidisciplinary approach and the support of experts in mediation and couple psychology.
