Blog Post

Brief History of Divorce Law in the UK

  • By Hawley & Rodgers
  • 28 Mar, 2019
Estranged couple

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.

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