Part of the 47th AGM and Study Day - broadcast via Zoom
Ian started with a brief history of Divorce. Before the Reformation only the Pope could grant a divorce therefore death was the only permanent dissolution of a marriage! By the end of the 16th century however England was the only country in Europe without divorce laws. There was really no legal change until 1857. Separation was possible by custom, ecclesiastical law and Act of Parliament. True divorce prior to this was rare and expensive. Records will mainly be in the Parliamentary Archives. Where they exist they will not only contain the legal documents but also any witness statements
The 1857 Act enabled ordinary people to divorce, prior to that only men could apply through Act of Parliament. After 1857 women could apply but as well as adultery they had to prove cruelty, rape or incest. It wasn’t until 1937 that other grounds could apply such as drunkenness and desertion. After 1969 separation was allowed as grounds- 2 years if both agreed, otherwise it was 5.
Prior to 1858 the average age at marriage was between 27 and 35. About 20% of couples didn’t marry although they may have lived as man and wife. Statistics appear to show that more women left their husbands than the other way round. The only ways to rid yourself of a spouse (other than murder!) were, desertion and elopement, wife sale separation and Acts of Parliament. After 1857 it was simpler as a Court Order could be obtained.
Desertion was by far the commonest, particularly if there was not much property involved however neither party was free to marry again although many did. Records relating to desertion may be in the Quarter Session records if the wife became chargeable to the parish. The Poor Law Union Gazette in the British Library or online in British Newspaper Archives may have details.
Wife sales were often reported in the local Newspapers, usually these were prearranged sales and it was a means of making people aware that the husband was no longer responsible for his wife.
Private Separation- Deeds were drawn up between the husband and a trustee for the wife (she had no legal rights) it gave protection to any children and legal safeguards for the wife and her maintenance, separation this way was not recognised by either the Church Courts or the Civil Courts. The advantages for the husband included the fact that any subsequent children were bastardised. Deeds may be found in the Close Rolls at the National Archives (TNA). There may be more personal documents in local Archives and Estate records. These still existed after 1857 because the Law made no allowance for incompatibility
Records relating to Legal Validity of the marriage were made by the Consistory Courts. The marriage could be challenged this way on grounds of Incest, Abduction and under age marriage without consent. Children of the marriage became illegitimate although there are often cases of them being recognised in wills.
Annulment was a way of preserving the children legitimacy. It was granted on the grounds of Adultery and Cruelty. Those who were eligible to get one included the injured party of a bigamist or a lunatic. Non consummation was another reason.
Records of Judicial Separation are in the Chancery records at TNA, Church Court orders relating to maintenance etc are in the Privy Council records. Consistory Court records are held locally in the Diocesan Archives.
Sometimes there was a civil action in the Court of Common Pleas for the recovery of damages against the co-respondent. The Times Newspaper can be a good source for these. From 1809 transcripts may be with the Divorce papers.
Between 1900 and 1909 7% of court cases dealt with divorce, between 1950 and 1954 55% were. Legal aid had become available from 1914. From 1923 women could petition on grounds of adultery which led to a large increase in cases.
1858-1938 The indexes (J78) to records at TNA are on Find My Past, you will need these details to locate the papers. The petitions (J77) are on Ancestry. Post 1938 the papers were destroyed after 20 years apart from the decree Nisi. Any divorce papers will include the marriage certificate which can be useful .
Ian used examples of Divorces within his family to show what can be available in the official papers.
The talk was very informative and left us all wanting to see if we could find any cases in our extended families!