A History of Divorce Law: Reform in England from the Victorian to Interwar Years

The Matrimonial Causes Act of 1857 was a significant piece of legislation that revolutionized divorce law in Victorian England and led to the creation of the modern family justice system. It ended the indissolubility of marriage, established a double standard based on gender in the grounds for divorce, and expanded divorce across all spectrums of English society. However, changing attitudes towards divorce in the Edwardian period eventually led to its repeal after 80 years of existence in the Interwar years.

Format: Paperback / softback
Length: 192 pages
Publication date: 01 August 2022
Publisher: Taylor & Francis Ltd

The book delves into the emergence of civil divorce in Victorian England, the subsequent implementation of a fault-based divorce system solely on the grounds of adultery, and the eventual gradual repeal of the Victorian-era divorce law during the Interwar years. At the center of the book lies the legal history of the Matrimonial Causes Act 1857, which had a profound and transformative impact on English law and society. By introducing a secular judicial system of civil divorce, the Act effectively replaced the previous divorce system, which was exclusively accessible through the House of Lords. This change inadvertently led to the establishment of the modern family justice system.

The book argues that a comprehensive analysis and evaluation of the changes brought about by the Act can only be achieved by understanding the legal doctrine in its broader cultural, political, religious, and social context. The major developments under the Act included the end of any pretence of the indissolubility of marriage, the statutory enshrinement of a double standard based on gender in the grounds for divorce, and the widespread acceptance of divorce across various segments of English society.

The Matrimonial Causes Act was the result of a political and legal compromise between conservative forces resisting the legal introduction of civil divorce and reformers advocating for equal access to divorce grounds for married women. Changing attitudes towards divorce that began in the Edwardian period gradually eroded Victorian moral values, leading to the repeal of the Act after 80 years of existence during the Interwar years.

This book will be an invaluable resource for academics and researchers with interests in legal history, family law, and Victorian studies. It provides a detailed and comprehensive account of the historical development of divorce law in England and its impact on society.

Weight: 370g
Dimension: 234 x 156 (mm)
ISBN-13: 9780367420475