Matrimonial Causes Act 1937
Encyclopedia
The Matrimonial Causes Act 1937 is a law on divorce
in the United Kingdom
.
Apart from the Roman Catholic Church, Church of England
and its associated Mothers Union, there was broad support for divorce law liberalisation, as this legislation had not been significantly amended since the passage of the Matrimonial Causes Act 1857
, when adjudication had been removed from church courts and placed before secular courts.
, women were required to prove that their male partners had undertaken adultery and additional offences, such as incest
, sodomy
, cruelty
(roughly equivalent to domestic violence
) and other possible reasons.
In 1912, a Royal Commission
had recommended further liberalisation, and the feminist-allied National Union of Societies for Equal Citizenship promoted a more equitable treatment of divorce law which made it easier for women to seek divorce when it considered the matter in 1923. However, nothing was done at that time to broaden grounds for divorce from adultery alone, to include permanent desertion
of one's partner and family, and incurable and severe mental illness
.
(1934) may have galvanised public opinion on the issue. When a vacancy occurred in the House of Commons upon the resignation of the Conservative
Sir Charles Oman
, Herbert was elected as an Independent
MP for the Oxford University constituency
in November 1935.
languished in the ballot box, he sought the assistance of the Conservative Party MP for Evesham
, Rupert de la Bère
. His draft legislation had been scrupulously prepared and it met with considerable public support and few obstacles. On its second reading, the Matrimonial Causes Bill passed 78-12. Prime Minister Stanley Baldwin
provided a day for the bill's third reading, which led to its successful passage (190-37).
The House of Lords
proved compliant, and even liberalised the bill, shortening the time for desertion to three years, apart from instances of "hardship" and "depravity". However, it remained otherwise unchanged, with instant divorce for demonstrable adultery of either partner, as well for desertion after three years, or five years if the context was severe mental illness
.
Divorce
Divorce is the final termination of a marital union, canceling the legal duties and responsibilities of marriage and dissolving the bonds of matrimony between the parties...
in the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
.
Apart from the Roman Catholic Church, Church of England
Church of England
The Church of England is the officially established Christian church in England and the Mother Church of the worldwide Anglican Communion. The church considers itself within the tradition of Western Christianity and dates its formal establishment principally to the mission to England by St...
and its associated Mothers Union, there was broad support for divorce law liberalisation, as this legislation had not been significantly amended since the passage of the Matrimonial Causes Act 1857
Matrimonial Causes Act 1857
The Matrimonial Causes Act 1857 was an Act of Parliament passed by the Parliament of the United Kingdom. The Act reformed the law on divorce, moving litigation from the jurisdiction of the ecclesiastical courts to the civil courts, establishing a model of marriage based on contract rather than...
, when adjudication had been removed from church courts and placed before secular courts.
Origins
Nevertheless, there was profound gender asymmetry. While men could divorce women on the basis of adulteryAdultery
Adultery is sexual infidelity to one's spouse, and is a form of extramarital sex. It originally referred only to sex between a woman who was married and a person other than her spouse. Even in cases of separation from one's spouse, an extramarital affair is still considered adultery.Adultery is...
, women were required to prove that their male partners had undertaken adultery and additional offences, such as incest
Incest
Incest is sexual intercourse between close relatives that is usually illegal in the jurisdiction where it takes place and/or is conventionally considered a taboo. The term may apply to sexual activities between: individuals of close "blood relationship"; members of the same household; step...
, sodomy
Sodomy
Sodomy is an anal or other copulation-like act, especially between male persons or between a man and animal, and one who practices sodomy is a "sodomite"...
, cruelty
Cruelty
Cruelty can be described as indifference to suffering, and even positive pleasure in inflicting it. If this is supported by a legal or social framework, then receives the name of perversion. Sadism can also be related to this form of action or concept....
(roughly equivalent to domestic violence
Domestic violence
Domestic violence, also known as domestic abuse, spousal abuse, battering, family violence, and intimate partner violence , is broadly defined as a pattern of abusive behaviors by one or both partners in an intimate relationship such as marriage, dating, family, or cohabitation...
) and other possible reasons.
In 1912, a Royal Commission
Royal Commission
In Commonwealth realms and other monarchies a Royal Commission is a major ad-hoc formal public inquiry into a defined issue. They have been held in various countries such as the United Kingdom, Australia, Canada, New Zealand, and Saudi Arabia...
had recommended further liberalisation, and the feminist-allied National Union of Societies for Equal Citizenship promoted a more equitable treatment of divorce law which made it easier for women to seek divorce when it considered the matter in 1923. However, nothing was done at that time to broaden grounds for divorce from adultery alone, to include permanent desertion
Desertion
In military terminology, desertion is the abandonment of a "duty" or post without permission and is done with the intention of not returning...
of one's partner and family, and incurable and severe mental illness
Mental illness
A mental disorder or mental illness is a psychological or behavioral pattern generally associated with subjective distress or disability that occurs in an individual, and which is not a part of normal development or culture. Such a disorder may consist of a combination of affective, behavioural,...
.
A.P. Herbert
A.P. Herbert (1890–1971) had previously been a lawyer and non-fiction author who specialised in legal matters, before he focused his attention on the question of divorce law reform. His best-selling novel Holy DeadlockHoly Deadlock
Holy Deadlock is a 1934 satirical novel by the English author A. P. Herbert, which aimed to highlight the perceived inadequacies and absurdities of contemporary divorce law...
(1934) may have galvanised public opinion on the issue. When a vacancy occurred in the House of Commons upon the resignation of the Conservative
Conservative Party (UK)
The Conservative Party, formally the Conservative and Unionist Party, is a centre-right political party in the United Kingdom that adheres to the philosophies of conservatism and British unionism. It is the largest political party in the UK, and is currently the largest single party in the House...
Sir Charles Oman
Charles Oman
Sir Charles William Chadwick Oman was a British military historian of the early 20th century. His reconstructions of medieval battles from the fragmentary and distorted accounts left by chroniclers were pioneering...
, Herbert was elected as an Independent
Independent (politician)
In politics, an independent or non-party politician is an individual not affiliated to any political party. Independents may hold a centrist viewpoint between those of major political parties, a viewpoint more extreme than any major party, or they may have a viewpoint based on issues that they do...
MP for the Oxford University constituency
Oxford University (UK Parliament constituency)
Oxford University was a university constituency electing two members to the British House of Commons, from 1603 to 1950.-Boundaries, Electorate and Electoral System:...
in November 1935.
1937
After two fruitless years in which Herbert's private member's billPrivate Member's Bill
A member of parliament’s legislative motion, called a private member's bill or a member's bill in some parliaments, is a proposed law introduced by a member of a legislature. In most countries with a parliamentary system, most bills are proposed by the government, not by individual members of the...
languished in the ballot box, he sought the assistance of the Conservative Party MP for Evesham
Evesham
Evesham is a market town and a civil parish in the Local Authority District of Wychavon in the county of Worcestershire, England with a population of 22,000. It is located roughly equidistant between Worcester, Cheltenham and Stratford-upon-Avon...
, Rupert de la Bère
Rupert de la Bère
Sir Rupert de la Bère, 1st Baronet KCVO, R.af.D was a British businessman, soldier, and Conservative Party politician.He was the son of Reginald de la Bère from Addlestone in Surrey....
. His draft legislation had been scrupulously prepared and it met with considerable public support and few obstacles. On its second reading, the Matrimonial Causes Bill passed 78-12. Prime Minister Stanley Baldwin
Stanley Baldwin
Stanley Baldwin, 1st Earl Baldwin of Bewdley, KG, PC was a British Conservative politician, who dominated the government in his country between the two world wars...
provided a day for the bill's third reading, which led to its successful passage (190-37).
The House of Lords
House of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....
proved compliant, and even liberalised the bill, shortening the time for desertion to three years, apart from instances of "hardship" and "depravity". However, it remained otherwise unchanged, with instant divorce for demonstrable adultery of either partner, as well for desertion after three years, or five years if the context was severe mental illness
Mental illness
A mental disorder or mental illness is a psychological or behavioral pattern generally associated with subjective distress or disability that occurs in an individual, and which is not a part of normal development or culture. Such a disorder may consist of a combination of affective, behavioural,...
.