Divorce has evolved significantly over the years with laws reflecting societal change. While the legalities around divorce are a lot more flexible now than they used to be, there are still processes in place when a couple seek to end their marriage.
We’ll explore the timeline of divorce and take a look at how laws have changed and adapted to modern society.
Early divorce laws and practices
The notion of divorce became a possibility in 1700, with couples before that being unable to separate. In extreme circumstances, the church would sometimes let couples live separately but, in theory, only the king or queen could actually get divorced. Even after 1700, only the richest in society could legally separate due to the high cost.
In 1857, The Matrimonial Causes Act came into effect, allowing more couples to separate due to reasons such as adultery. But even this required extensive proof and, in the case of women wanting a divorce, additional evidence of cruelty, rape or incest had to be presented. If women had committed adultery, then they had no legal right to their children.
While this paved the way for a greater number of couples in unhappy marriages to separate, the rate of divorce was still significantly lower than it is today.
20th century reforms
The 1900s saw additional legal clauses but divorce was still considered taboo until the 1960s. The complexities surrounding filing for divorce and the subsequent gossip that inevitably ensued, put many couples off going through the process and choosing to stay in their unhappy marriage instead.
Around the time of the second world war, it was clear that the laws no longer suited society. The Divorce Reform Act 1969 resulted in a significant change and a pivotal moment in the history of separation law. It also paved the way for the involvement of family law solicitors in divorce cases, ensuring that those seeking legal advice received expert help and advice. The act created an easier way for couples to divorce and meant that they could legally separate after two years if both agreed on divorce or five years if only one party wanted to separate.
Recent developments and current trends
More recently, the Divorce, Dissolution and Separation Act was introduced which enables couples to jointly end a marriage with a period of at least 20 weeks for reflection. The ‘no fault divorce’ clause makes it easier to end an unhappy marriage and there are less legal hoops to jump through to demonstrate your case.
These recent developments better reflect our current society and modern living arrangements. While there’s still a legal process to go through and many aspects to consider, such as children and finances, it’s now much more accessible to file for divorce, especially for those who mutually agree to a separation.
