Divorce in English Law

Abstract

Divorce in the context of Family Law represents a fascinating yet sobering reality. Prior to 1857 the ecclesiastical (church) courts determined the law on divorce.^[1] Hence, a substantive obstacle to those wanting to pursue such a course. The only form of divorce was by an Act of Parliament which was hugely expensive.^[2] An alternative to this position was developed and legislated in the Matrimonial Causes Act 1857 which allowed the courts to handle divorce proceedings.

Understanding the aims of the divorce law has been the subject of much debate over the years. Divorce became more acceptable in the 1960s.^[3] Liberalising the law was important as society generally felt the need for changes that facilitated divorce. It is important to understand that the decree of divorce occurs in two stages with the first stage being called decree nisi and the second stage named decree absolute.^[4]