Over time, and through incremental legal reforms, divorce law has adapted to meet changing societal expectations, the following is whistle stop tour of the landmark changes in divorce law in England from medieval times to present day.
Ecclesiastical courts
Famously, the Catholic Church refused to allow King Henry VIII to end his marriage to his first wife, Katherine of Aragon which led to the founding of the Church of England in 1534.
The rhyme used to recall the fate of King Henry the VIII’s wives goes: divorced, decapitated, died, divorced, decapitated, survived. In actuality, Henry’s marriages to Katherine of Aragon and Anne of Cleves were annulled by archbishops of the Church of England.
Divorce by Acts of Parliament
Before the mid-19th century the only way of obtaining a full divorce, which allowed re-marriage, was by a Private Act of Parliament.
The first English true divorce, rather than an ecclesiastical separation, between John Manners, Lord Roos, and Lady Anne Roos (nee Pierpoint), was granted by an Act of Parliament in 1670 on the grounds of the wife’s adultery.
The process of divorce by Act of Parliament was complex and largely only open to wealthy and powerful male petitioners.
While men could divorce on the ground of adultery, women additionally had to prove incestuous adultery or bigamy.
The first divorce to be obtained by a woman in England and Wales was in 1801 when Jane Campbell divorced her husband Edward Addison on the grounds of adultery with her sister, under the Addison/Campbell Divorce Act.
Matrimonial Causes Act 1857
The 1857 Matrimonial Causes Act allowed ordinary people to divorce. Under this law, women divorcing on the grounds of adultery not only had to prove their husbands had been unfaithful but also had to prove additional faults, which included cruelty, rape and incest.
The Matrimonial Causes Act 1923, introduced as a private member’s bill, enabled women to divorce on the basis of their spouse’s adultery without the requirement for additional faults (as men had been able to since 1857).
In 1937 divorce was allowed on other grounds including drunkenness, insanity and desertion.
Divorce remained uncommon enough to be a potential source of shame through to the first half of the 20th century.
Divorce Reform Act 1969
The Divorce Reform Act 1969 changed the law so a marriage could be ended if it had irretrievably broken down, provided one of five grounds could be proved. The breakdown of the marriage needed to be evidenced with proof of adultery, unreasonable behaviour, desertion, two years separation with the consent of both parties, or five years separation if only one party consented to the divorce.
The Matrimonial Causes Act of 1973 consolidated previous enactments relating to matrimonial proceedings. A marriage could be ended if it had irretrievably broken down, provided one of five grounds could be proved, as before, three grounds required fault and the other two were based on periods of separation.
Divorce Dissolution and Separation Act 2020
The Divorce, Dissolution and Separation Act 2020 amended the Matrimonial Causes Act 1973 allowing married couples to divorce without evidencing the breakdown of the marriage.
Since 6 April 2022, instead of relying on fault or separation, an application for divorce states that the marriage has broken down irretrievably and this does not have to be proved.
The advantage to this procedure is that it encourages a non-contentious approach to the divorce process. It also makes it harder for the other spouse to stop the divorce happening by contesting it as the divorce will go ahead even if they do not agree the marriage has broken down irretrievably.
Need help with your divorce
Divorce is an emotionally and legally significant time, but with the right support, it does not need to be contentious or confusing. Our Divorce solicitors have specialist experience of helping thousands of people through the process. We are passionate about the work do and are committed to provide exceptional client service to get you the best possible outcome in often stressful circumstances.
Get in touch with our Family Divorce and Finance team on 0203 440 8000 or email family@tvedwards.com to discuss how we can support you.
