How divorce in Victorian England paved the way for positive reform in family law

During Victorian times the importance of the family and family values came to prominence. It was the era where childhood as a distinct phase of life was first recognised and Queen Victoria, Prince Albert and their nine children were considered ideal role models for a joyful domestic life.

However, not all marriages were happy, and divorce and desertion were part of the social landscape. There are few records of the number and nature of divorces during the Victorian era, as records for the Magistrates Courts no longer exist. Similarly, the census records from the time do not help either as they rarely recorded dissolved marriages.

The impact of the Divorce Act (Matrimonial Causes Act) 1857

Where we can learn more about divorce at this time is from media and local newspaper reports. Back then, once married, a woman had all her assets transferred to her husband but the Divorce Act 1857 (also known as the Matrimonial Causes Act) was to have a positive impact on Victorian women and children and pave the way for reform in family law.

The Act saw jurisdiction for the divorce process move from the church to the civil courts. It made divorce far more accessible and affordable for ordinary women, who could now apply through the local Magistrates Court for a divorce for just a few shillings. Today, it would be the equivalent of £32.

Restoring feme sole status to divorced or deserted women

Under Section 21 of the Act, a woman whose husband had deserted her could apply for a protection order and have her feme sole status restored. This term, which is from the Latin femina sola, means single woman and was the legal term for an unmarried woman or one acting independently of her husband.

This feme sole status gave a woman the right to make and sign legal contracts and documents in her own name, own and dispose of property, own and operate a business and could ring-fence her assets from her husband, should he return.

By contrast, under common law a married woman had the status of feme covert with little legal status, as her identity was ‘covered’ by her husband. This meant she could not own property, enter contracts, sue or be sued in court in her own right. Consequently, she enjoyed none of the economic and legal autonomy of the feme sole status, which also gave women the right to appear in court as a litigant, both as a defendant and a claimant.

Media reports from the time indicate that Section 21 was used by women from all walks of life and the stories reported in the press challenge the assumption that Victorian England was full of happy families. It was also a significant step towards altering the legal landscape for women’s rights, along with being an important development on the path to reforming family law.

If you are struggling with the impact of divorce and separation, we offer a no obligation initial consultation for a fixed fee of £100 (incl. VAT), for up to one hour. At this meeting, we can advise you on all the issues relating to your personal circumstances, allowing you to make informed decisions moving forward.

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