Policy Document

Matrimonial Causes Act 1857

Year

1857

Country

United Kingdom

Topic

Family & Children

Subtopic

Divorce

Main implications

The act represents the first piece of legislation to introduce divorce in England by decree of the civil courts. The aim of the legislation was to protect the “reverence accorded to the nuptial tie” and therefore required that the causes of divorce be limited to “a few extreme and specific provocations” (Cretney, 2005). The act established that the dissolution of marriage should be allowed for adultery only. Section 27 of the act enabled a husband to divorce his wife only if he could prove that she had committed adultery. Simple (even if repeated) adultery would not be sufficient for a wife to divorce her husband: In order for a woman to be granted a divorce, her petitioner had to prove not only that her husband had committed adultery, but also that the adultery was incestuous, or that he was guilty of bigamy or cruelty (“rape, sodomy and bestiality”), or that he had deserted the wife for two years or more (Cretney, 2005; Woodhouse, 1959). The consequent Matrimonial Causes Act 1923 would introduce a higher degree of gender equality, by making adultery by either husband or wife the only ground for divorce (Probert, 1999).

Benefits & Requirements

Coverage: Eligible groups or beneficiaries

Husbands and wives whose partner had committed adultery.

Criteria for coverage

- Section 27 of the Act enabled a husband to divorce his wife only if he could prove that she had committed adultery - Simple (even if repeated) adultery would not be sufficient for a wife to divorce her husband: in order for a woman to be granted a divorce, her petitioner had to prove not only that her husband had committed adultery, but also that the adultery was incestuous, or that he was guilty of bigamy or cruelty (“rape, sodomy and bestiality”), or that he had deserted the wife for two years or more (Cretney, 2005; Woodhouse, 1959)

Does this law grant the right to unilateral divorce?

No

Remarriage waiting period after divorce is finalised

Not mentioned

Alimony orders established by this document: eligible beneficiary

Not mentioned

Alimony orders established by this document: eligibility criteria

Not mentioned

Types of custody established by this document

Not mentioned

Visitation rights established by this document

Not mentioned

Child support: age of emancipation for child support

Not mentioned

Child support: maximum percentage of parent's average net income

Not mentioned

Read the Law

Full Text Source in English

1857, chapter 85

Original full text source in native language

1857, chapter 85

Full text web source in English

http://www.legislation.gov.uk/ukpga/2012/5/pdfs/ukpga_20120005_en.pdf

Secondary Literature & Sources

Secondary literature

- Cretney, S. “Ending Marriage by Judicial Divorce under the Matrimonial Causes Act 1857”. In Cretney, S. “Family Law in the Twentieth Century: A History”. Oxford University Press, Oxford (2005): 162-196.
- Probert, R. “The Controversy of Equality and the Matrimonial Causes Act 1923”. Child and Family Law Quarterly 11(1) (1999): 33-42.
- Woodhouse, M.K. “The Marriage and Divorce Bill of 1857”. American Journal of Legal History 3(3) (1959): 260-275.

Author

Ernestina Coast, Ginevra Floridi & Wendy Sigle
London School of Economics and Political Science

Data collected in the framework of the Population Europe Research Finder and Archive (PERFAR)

Cite as

SPLASH-db.eu (2014): Policy: "Matrimonial Causes Act 1857" (Information provided by Ernestina Coast, Ginevra Floridi & Wendy Sigle). Available at: https://splash-db.eu [Date of access].