Matrimonial Causes Act 1857 facts for kids
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| Long title | An Act to amend the Law relating to Divorce and Matrimonial Causes in England. |
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| Citation | 20 & 21 Vict., c. 85 |
| Territorial extent | England and Wales |
| Dates | |
| Royal assent | 28 August 1857 |
| Commencement | 1 January 1858 |
The Matrimonial Causes Act 1857 was an important law passed by the Parliament of the United Kingdom. This Act changed how divorce worked in England. Before this law, divorces were handled by church courts. The Act moved these cases to regular civil courts. It also made marriage more like a contract (an agreement) than a sacrament (a religious ceremony). This made it easier for more people to get a divorce, not just the very rich.
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What Was the Matrimonial Causes Act 1857?
This law was a big step in changing how marriage and divorce were seen in England. It made it possible for people to get a divorce through a court order, rather than needing special church permission or a very expensive private law.
Why Was This Act Needed?
Before 1857, divorce was controlled by church courts and canon law, which are the laws of the Church of England. These courts were very different from regular courts. Lawyers who worked in common law courts did not handle divorce cases. Instead, special "advocates" and "proctors" dealt with them. This made the process confusing and hard to understand.
Getting a divorce that allowed someone to remarry was almost impossible for most people. It was only an option for the very wealthy. They either had to go through a complicated process called an annulment or get a special private bill passed by Parliament. Both options cost a lot of money.
A plan to create a civil court for divorce had been suggested before. However, it didn't make much progress. When Lord Palmerston became Prime Minister in 1855, he brought the idea back. The bill was introduced in the House of Lords. Even some church leaders supported it, like Archbishop of Canterbury John Bird Sumner.
However, the bill was also very controversial. Some people, like future Prime Minister William Ewart Gladstone, thought it took power away from the Church. Caroline Norton, who fought for women's rights, strongly supported the bill. She wrote about it and spoke to politicians. Despite some strong opposition, Lord Palmerston managed to get the bill passed.
What Did the Act Change?
The Matrimonial Causes Act 1857 removed the church courts' power over marriage issues. For the first time, people could get a divorce through a regular court. The Act created a new court called the Court of Divorce and Matrimonial Causes. This court had the power to hear and decide civil divorce cases.
The Act also allowed all types of lawyers to work on divorce cases. Before, only the special "advocates" could do this. This change made the legal process more open.
It is important to know that the Act did not treat men and women equally when it came to reasons for divorce. The rules were different for each.
How Did the Act Affect People?
The Act officially started on 1 January 1858.
Impact in England and Wales
In the first year, there were 300 divorce requests. This was a huge jump from only three the year before. Some people worried that this would cause chaos. However, the judge in charge, Sir Cresswell, managed the new cases well. He was careful to help people with real problems. But he also made sure to uphold the importance of marriage. He worked very quickly, handling over 1,000 cases in six years. Only one of his decisions was overturned later. He became very respected and was seen as representing the married women of Britain.
This Act was also important for making the legal system of England and Wales more unified. It helped bring different parts of the law together. It also led to changes in the legal profession itself. Because church lawyers were no longer as important, their special legal group, the Doctors' Commons, eventually disappeared.
Impact Overseas
The Matrimonial Causes Act 1857 also had an effect in some of Britain's colonies. Courts decided that the Act became part of the local law in four western provinces of Canada. Later, in 1930, the Canadian Parliament extended this law to the province of Ontario. This Act was the main divorce law in those provinces until Canada passed a new, uniform Divorce Act in 1968 that applied to the whole country.
