A Brief History Of Divorce Laws

Before 1857, divorce could only be obtained by the rich, since each divorce needed a private Act of Parliament. As a result, these were very few divorces. Since that time, changes in the law have made it easier to get a divorce, particularly changes over the past sixty years. The Matrimonial Cause Act of 1857 made divorce procedures easier and cheaper, but it was still beyond the financial means of the lower middle class and working class. Men had more rights in divorce than women, and divorce was only possible it if could be proved in court that a 'matrimonial offence' such as adultery, cruelty or desertion had been committed. Even by 1911, there were only about 600 divorces a year. The Matrimonial Causes Act of 1923 gave women equal rights with men in divorce for the first time, and therefore gave more women the opportunity to terminate unhappy marriages. The Legal Aid and Advice Act of 1949 gave financial assistance with the costs of solicitors and court fees, which made it far more possible for working- class people to cope with the costs of divorce action. The Divorce Law Reform Act of 1969, which came into effect in 1971, was a major change. Before the 1969 Act, a person wanting a divorce had to prove before a court that his or her spouse had committed a 'matrimonial offence', as mentioned above. This frequently led to major public scandals, all details being aired in court. Deterred many people. Also issue of 'empty shell marriages'. Since this act, 'irretrievable breakdown' became the only grounds for divorce. No need to prove guilty just that the marriage is beyond repair. After 1971, one way of proving this was two years of separation. This law has led to a massive increase in divorce rates. The Matrimonial and Family Proceedings Act of 1984 allowed couples to petition for divorce after only one year of marriage. Previously it was three years. Led to a massive increase in the divorce rate between 1984 and 1985. The Family Law Act of 1996 came into effect in 1999. Increased amount of time before a divorce could be granted to eighteen months, introduced compulsory marriage counselling for a 'period of reflection' and required children's wishes and financial arrangement for children to be agreed before a divorce was granted. Attempt to stem the rising number of divorces by increasing the 'cooling off' period. Compulsory Counselling was later abandoned as they were more likely to encourage divorce.