Christians have always viewed marriage as a lifelong commitment and the law upheld this view up until the mid nineteenth century. There was something called a mensa et thoro, this was more like an official separation than a divorce however. It involved the couple living apart but they were not permitted to remarry.
Due to this, if a divorce was wanted; the couple would have to get something called a private act of parliament. This would cost a lot of money and take a substantial amount of time to go through. One would have to be rich to get this and the majority of people were not. Only 317 acts were passed in a total of 150 years, since the year 1700 onwards and was nearly always instigated by the man.
Due to this, if a divorce was wanted; the couple would have to get something called a private act of parliament. This would cost a lot of money and take a substantial amount of time to go through. One would have to be rich to get this and the majority of people were not. Only 317 acts were passed in a total of 150 years, since the year 1700 onwards and was nearly always instigated by the man.
In the year 1857, the matrimonial causes act was put into place which allowed everybody to divorce. It no longer had to be granted by act of parliament and was open to both males and females. Before then it was only available to the rich because it was very expensive. Many years previously, Henry VIII had a divorce granted by the Archbishop of Canterbury so church courts then retained power to dissolve marriages.
The matrimonial causes act said that women could now divorce their partners (it used to be mainly instigated by the men). The women would however, have to prodeuce proof that their spouse had been adulterous and must also have another reason for the divorce, including incest, cruelty and rape.
In the year 1923, a private members bill was passed that make it easier for women to get a divorce on the grounds of adultery. By 1937 however, the law was changed again and women could get a divorce for other reasons including desertion, drunkenness and insanity.
The biggest change of all was passed in 1969 when the divorce reform act was passed. A divorce could now be granted after a couple had been separated for two years, or five if only one of the parties wanted a divorce. This was good news for many because it meant a couple could be granted a divorce if their marriage has broken down and come to an amicable end, neither party would have to be at fault.
A special procedure came into action between the years of 1973 and 1977. It meant that divorces could be granted quickly and easily if they were undefended. The judge would have to check the paperwork and the affidavits and as long as everything was in order and he felt that the marriage had come to a natural end, he would grant a divorce quickly and as informally as possible to the couple. This special procedure has now become very normal and defended divorces occur very
The matrimonial causes act said that women could now divorce their partners (it used to be mainly instigated by the men). The women would however, have to prodeuce proof that their spouse had been adulterous and must also have another reason for the divorce, including incest, cruelty and rape.
In the year 1923, a private members bill was passed that make it easier for women to get a divorce on the grounds of adultery. By 1937 however, the law was changed again and women could get a divorce for other reasons including desertion, drunkenness and insanity.
The biggest change of all was passed in 1969 when the divorce reform act was passed. A divorce could now be granted after a couple had been separated for two years, or five if only one of the parties wanted a divorce. This was good news for many because it meant a couple could be granted a divorce if their marriage has broken down and come to an amicable end, neither party would have to be at fault.
A special procedure came into action between the years of 1973 and 1977. It meant that divorces could be granted quickly and easily if they were undefended. The judge would have to check the paperwork and the affidavits and as long as everything was in order and he felt that the marriage had come to a natural end, he would grant a divorce quickly and as informally as possible to the couple. This special procedure has now become very normal and defended divorces occur very
The biggest change of all was passed in 1969 when the divorce reform act was passed. A divorce could now be granted after a couple had been separated for two years, or five if only one of the parties wanted a divorce. This was good news for many because it meant a couple could be granted a divorce if their marriage has broken down and come to an amicable end, neither party would have to be at fault.
A special procedure came into action between the years of 1973 and 1977. It meant that divorces could be granted quickly and easily if they were undefended. The judge would have to check the paperwork and the affidavits and as long as everything was in order and he felt that the marriage had come to a natural end, he would grant a divorce quickly and as informally as possible to the couple. This special procedure has now become very normal and defended divorces occur very rarely these days. Only four defended divorces were granted in 1990, compared to 150,000 during the period of the special procedure.
Divorces still continued to go in the favour of the men. However a famous case in 1996 changed all this when husband and wife, White Vs White, came to blows. Pamela White was first awarded lb800,000 but she took this to the court of appeals and then the House of Lords, she was finally awarding lb1.5 million in recognition of her role as a homemaker.
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A special procedure came into action between the years of 1973 and 1977. It meant that divorces could be granted quickly and easily if they were undefended. The judge would have to check the paperwork and the affidavits and as long as everything was in order and he felt that the marriage had come to a natural end, he would grant a divorce quickly and as informally as possible to the couple. This special procedure has now become very normal and defended divorces occur very rarely these days. Only four defended divorces were granted in 1990, compared to 150,000 during the period of the special procedure.
Divorces still continued to go in the favour of the men. However a famous case in 1996 changed all this when husband and wife, White Vs White, came to blows. Pamela White was first awarded lb800,000 but she took this to the court of appeals and then the House of Lords, she was finally awarding lb1.5 million in recognition of her role as a homemaker.
About the Author:
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