With the
rising statistics of divorce in the UK, it has been estimated that in this
modern day and age, around 42% of marriages end in divorce. And whilst this may
be a saddening statistic, as the end of a marriage is an emotionally difficult
time for all, divorce, in the long term, can be a positive choice for people
moving forward in their lives.
But where
did it all begin? When did we start accepting, as a society, that sometimes
relationships are better off separating? This blog post will give a brief
history of divorce laws in the UK.
Henry VIII
One of the
most pivotal moments in the UK’s history was Henry VIII’s divorce from
Catherine of Aragon. This arguably was the start of divorce being considered as
an acceptable proceeding in the UK.
To initiate
the divorce, Henry chose to break from Rome and establish the Church of
England, which was in accordance with the Protestant Reformation that was
happening in Europe. Henry then claimed that the marriage with Catherine was
null and void.
Before Henry,
Catherine had married Henry’s older brother Arthur, but he died shortly after
the marriage. So, in order to adhere to biblical law, Catherine claimed that
she and Arthur never consummated the marriage, so that she could marry Henry.
The Pope granted a papal dispensation and all was well until Henry set his
sights on Anne Boleyn.
Henry was
aware that Catherine wasn’t getting any younger and that she had failed
multiple times to produce a male heir. Henry believed that her numerous
miscarriages was God telling him that she had indeed consummated her marriage
with Arthur and he was being punished. So, Henry used this as grounds to
divorce Catherine and remarry Anne. Whom, of course, he would infamously behead
years later.
Although
Henry’s divorce with Catherine and the break from Rome was a pivotal moment in
English history, it did not mean that suddenly everyone could divorce their
partners. In fact, divorce was still a rare and difficult process as it went
against the eyes of the Church, plus it could only be initiated by the man. It
wasn’t until the Victorian era that laws became established which made the
process of divorce easier and, in turn, more common.
1857 Matrimonial Causes Act
This act
allowed ordinary people to divorce. Before this, divorce was only available to
men and had to be granted by Parliament which was a hugely expensive process.
Under this law, women divorcing on the grounds of adultery had to prove this to
the courts and prove additional faults like domestic cruelty, rape and incest.
This law
remained unchanged until 1937 where divorce became allowed on the grounds of
drunkenness, insanity and desertion.
1969 Divorce Reform Act
This allowed
couples to divorce after they had been separated for two years or five years
(if only one of them wants a divorce). Plus, this divorce act allowed for the
possibility that a marriage had just simply ‘broken down’ rather than someone
being at fault.
Here at
Hawley and Rogers, we have a range of competent solicitors that can help you
with your family law disputes. Get
in touch with us today to find out more.
