In the Case of Union Dissolution of Couples with Children. Who Decides to Avoid the Courts and Why?

Abstract

Thoroughgoing changes in western countries over the last decades have led to increased self-regulation of intimacy, thus avoiding judicialization of union formation or dissolution. However, when children were born to a couple, legal proceedings would seem to be crucial in reaching or formalizing agreements between parents regarding custody and alimony, among other aspects. Despite these benefits, almost 20% of couples with children avoid resorting to legal proceedings, according to the results of a survey conducted in six Spanish Autonomous Communities. The article analyses this data with the aim of addressing a gap in the literature on the determinants of reaching out-of-court agreements. The results indicate that upper-class individuals, immigrants in cohabiting relationships, and couples with just one child and currently not in a relationship are more likely to reach out-of-court agreements. The implications of these findings are discussed.