Marriage, Separation, and Divorce in England, 1500-1700

During the Reformation, England was the only Protestant state that did not allow divorce with remarriage. This study looks beyond the church courts to the records of other judicial bodies to understand why this was the case and how people in failed marriages coped with the absence of divorce. The bonds of marriage stayed tightly tied in post-Reformation England in part because marriage was as much about wealth as it was about salvation or sexuality.

Format: Hardback
Length: 224 pages
Publication date: 17 February 2022
Publisher: Oxford University Press

England, renowned for its unique stance during the sixteenth-century Reformation, stands as the sole Protestant state that did not introduce divorce. It wasn't until the late seventeenth century that divorce by private act of parliament became accessible to a select few men, and even then, it was limited in scope. The Divorce Act, enacted in 1857, marked a significant expansion by granting judicial divorces and expanding the possibility of divorce to a broader segment of society. While studies often focus on the records of church courts, which claimed a monopoly on marriage, the question remains: why did England alone among Protestant jurisdictions prohibit divorce with remarriage during the Reformation?

Kesselring and Stretton propose an answer to this question, highlighting a distinctive aspect of English law: coverture. Coverture, encompassing the legal status and property rights of married women, played a pivotal role in shaping people's responses to the absence of divorce with remarriage during the Reformation. The bonds of marriage remained tightly intertwined in post-Reformation England, partly due to the intertwining of wealth, salvation, and sexuality in marriage. English society had deeply invested in a system that subordinated a wife's identity and property to those of her husband.

To delve deeper into this dimension of divorce's history, this study extends its scope beyond the records of church courts. It explores the records of other judicial bodies, such as the secular courts of common law and equity. By examining these sources, a fresh perspective is brought to a history that continues to resonate today. The study sheds light on the complex interplay between religious, legal, and social factors that shaped the history of divorce in England and its impact on individuals and society. It emphasizes the need to examine historical events and developments in their broader context to gain a comprehensive understanding of the past.

In conclusion, England's unique history of divorce during the Reformation highlights the complex interplay between religious, legal, and social factors. By examining the records of church courts and other judicial bodies, this study provides valuable insights into the reasons behind England's reluctance to introduce divorce with remarriage and the coping strategies employed by individuals in failed marriages. The study's findings contribute to our understanding of divorce's history and its relevance in contemporary society.

Weight: 472g
Dimension: 161 x 241 x 20 (mm)
ISBN-13: 9780192849953