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Books > Law > English law > Private, property, family > Gender law
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A History of Divorce Law - Reform in England from the Victorian to Interwar Years (Hardcover)
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A History of Divorce Law - Reform in England from the Victorian to Interwar Years (Hardcover)
Series: Routledge Research in Legal History
Expected to ship within 9 - 15 working days
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The book explores the rise of civil divorce in Victorian England,
the subsequent operation of a fault system of divorce based solely
on the ground of adultery, and the eventual piecemeal repeal of the
Victorian-era divorce law during the Interwar years. The legal
history of the Matrimonial Causes Act 1857 is at the heart of the
book. The Act had a transformative impact on English law and
society by introducing a secular judicial system of civil divorce.
This swept aside the old system of divorce that was only obtainable
from the House of Lords and inadvertently led to the creation of
the modern family justice system. The book argues that only through
understanding the legal doctrine in its wider cultural, political,
religious, and social context is it possible to fully analyse and
assess the changes brought about by the Act. The major developments
included the end of any pretence of the indissolubility of
marriage, the statutory enshrinement of a double standard based on
gender in the grounds for divorce, and the growth of divorce across
all spectrums of English society. The Act was a product of
political and legal compromise between conservative forces
resisting the legal introduction of civil divorce and the
reformers, who demanded married women receive equal access to the
grounds of divorce. Changing attitudes towards divorce that began
in the Edwardian period led to a gradual rejection of Victorian
moral values and the repeal of the Act after 80 years of existence
in the Interwar years. The book will be a valuable resource for
academics and researchers with an interest in legal history, family
law, and Victorian studies.
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