Difficulties of Obtaining a Divorce in Victorian England

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Recommended: Changing perception of divorce over the last century

Bound in Union: The Difficulties of Obtaining a Divorce in Victorian England

Divorce Legislation of the Victorian

* 1839: Child Custody Act- Women, if proven innocent of adultery, could obtain custody of their children under seven. (Previously custody had been, without exception, awarded to the father.)

* 1857: Matrimonial Causes Act- established regulations for secular divorce, making civil divorce, rather than divorce by act of Parliament, possible. Also outlined grounds for divorce, which differed for men and women, and secured property rights for divorced women.

* 1870: Married Women’s Property Act- Allowed women to keep their earnings and inheritance along with small sums of money, though all other property fell to the husband.

* 1873: Custody Acts- Women could gain custody of children up to 16 years of age even when adulteresses

* 1882: Married Women’s Property Act-Women could keep all property, real and personal acquired before and after marriage.

* 1884: Matrimonial Causes Act- Allowed wives of adulterers to immediately petition for a divorce rather than waiting the formerly required two years

* 1886: Custody reforms granted mothers automatic custody of children after the death of the father. (Legal Milestones for Women 1832-1928)

Divorce rates during the Victorian Period remained significantly lower than those of the present. Only one in ten women divorced once married due to several contributing circumstances (“Life for Women”). The law, religious doctrine, societal stigma, and the limited financial opportunities available to women all functioned as deterrents to divorce. Yet despite the encumbrances and inequity inherent in Victorian divorce, legislation made significant stride...

... middle of paper ...

...orce in Australia. The beginning of his paper focuses on how Victorian England’s laws affected Australia, and the paper remains throughout intriguing and informative.

Works Cited

"Life for Women." Victoria's Past. 3 January 2005. 16 Mar. 2005 .

Finlay, Henry. "Divorce and the Status of Women." 16 Mar. 2005 .

"Legal Milestones for Women 1832-1928." 16 Mar. 2005 .

Feinberg, Patricia. "The Divorce Bill." March 2001. Victorians Uncovered. 16 Mar. 2005 .

Ziembra, Melissa. "Marriage and Divorce in Victorian England." 16 Mar. 2005 .

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