Leading up to the mid-nineteenth century, Christians saw marriage as something that can never be broken no matter what. The courts agreed with this and divorce was not possible. Spouses could have something called A mensa et thero, which was a separation that allowed the couple to live separate lives but not permitting them to get married again.
A private act of parliament would allow a couple to get a divorce but it cost a lot of money and was a very complicated process. Therefore not many people could get it and since 1700 only 317 were passed over a span of 150 years.
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.
This new law said that women had to have proof of adultery in order to divorce and had to have another reason on top including rape, incest or cruelty.
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 rarely these days. Only four defended divorces were granted in 1990, compared to 150,000 during the period of the special procedure.
A breakthrough of sorts came in 1996 due to a famous case between Pamela White and Martin White who were applying for divorce. Pamela was awarded lb800,000, this was changed to lb1.5 million after two appeals. Since then it was decided that assets should be shared fairly between ex-spouses and hearings now recognise the contributions of a homemaker.
A private act of parliament would allow a couple to get a divorce but it cost a lot of money and was a very complicated process. Therefore not many people could get it and since 1700 only 317 were passed over a span of 150 years.
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.
This new law said that women had to have proof of adultery in order to divorce and had to have another reason on top including rape, incest or cruelty.
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 rarely these days. Only four defended divorces were granted in 1990, compared to 150,000 during the period of the special procedure.
A breakthrough of sorts came in 1996 due to a famous case between Pamela White and Martin White who were applying for divorce. Pamela was awarded lb800,000, this was changed to lb1.5 million after two appeals. Since then it was decided that assets should be shared fairly between ex-spouses and hearings now recognise the contributions of a homemaker.
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