Genealogy Chat

Just a reminder that if the parties (or one of them) were Catholic it would have taken a lot longer to get the marriage dissolved. Sylvie

i think the 5 or 7 years pre 1969 may have had something to do with one party not being willing to divorce. The Duke of Windsor and Mrs Simpson certainly didn't have to wait years - legally that was on the grounds of Mr Simpson's documented adultery and the case was heard in the civil courts, Ipswich springs to mind, but not sure of the location. I think that opened the floodgates a bit. Jay

Thanks for showing an interest i am greatful, i always forget about googling. Must make note to myself Google more LOL Diane

'Our modern law of divorce was enacted in 1969 (The Divorce Reform Act). From this time the sole ground of divorce was irretrievable breakdown of marriage which must be proved by one of the following facts, adultery; unreasonable behaviour, desertion for two years, living apart for two years (where the other consents) and living apart for five years.' nell

I have always thought that years ago you had to wait at least 5 to 7 years to get a divorce. I know my own dad had a first wife in the 40s and he had to wait 5 years so i was expecting it to be much longer in the 1920s Diane

Googled and found: 'Divorce the Divorce and Matrimonial Causes Act of 1857 was designed (in effect) to allow moderately wealthy men to divorce their wives. A woman could be divorced on the simple grounds of her adultery (her adultery threatened his abbility to pass his property to his male heirs), whereas a woman had to prove adultery aggravated by desertion (for two years), or by cruelty, rape, sodomy, incest or bigamy. The husband could claim damages against the adulterous third party, the wife could not. There was no provision for consensual divorce. This was the law until 1923, when the grounds of divorce were made the same for both sexes. Until Legal Aid was available after 1949 divorce remained expensive, and the less well-to-do had to make use of the Matrimonial Causes Act of 1878 which allowed a less costly judicial separation but without the right of re-marriage. '

I think its only relatively recently that you have been able to get divorced so soon. I think you had to wait at least 5 years if one party objected, or 2 years if both consented and I am sure that changed from the rule before, but can't find out by googling.

Found this on National Archives site: 'The real opening of divorce to all classes took place in the 1920s, with the extension of legal aid, and the provision of some local facilities. In 1922, ten assize towns were named as suitable for the hearing of certain kinds of divorce. From 1927, petitions could also be filed in 23 district registries instead of solely at the Principal Registry in London, while cases could be heard in 18 assize towns as well as in London.'

The general rule is you cannot start divorce proceedings until after 1yr of marriage, so I would imagine it was the same then, although extreme circumstances can be dealt with quicker, Lou.

Just looked at the link about BMD and divorce, and it made me think how long would it have taken to get a divorce around 1926/27 i have a Gt aunt who married a divorce'e. so was thinking she could have been with him a long time before marring him. Diane