Full Description
This book considers Section 21 of the Divorce and Matrimonial Causes Act 1857 and its significant impact on previously invisible married women in the 19th century.
Tens of thousands of women used this little-known section of the Act to apply for orders from local magistrates' courts to reclaim their rights of testation, inheritance, property ownership, and (dependent on local franchise qualifications) ability to vote. By examining the orders that were made and considering the women who applied for them, the book challenges the mistaken belief that Victorian England and Wales were nations of married, cohabiting couples.
The detailed statistical analysis and rich case studies presented here provide a totally new perspective on the legal status and experiences of married women in England and Wales. Although many thousands of orders were granted between 1858 and 1900, their details remain unknown and unexamined, primarily because census records did not consistently record dissolved marriages and there is no central index of applications made.
Using sources including court records, parliamentary papers, newspaper reports, census returns, probate records and trade directories, this book reconstructs the successful - and unsuccessful - experiences of women applying to magistrates' courts and the Court for Divorce and Matrimonial Causes to protect their assets across regions and decades.
Contents
Introduction
Part I
1. 'That Useful Exotic from France': Mid-Victorian Personalities, Politics, Culture, and How the Matrimonial Causes Act 1857 Reached the English Statute Book
2. What Was the Law of 'Economic Divorce'?
Part II
3. What was the Machinery for 'Divorce Before Magistrates'?
4. How Widespread was the Use of 'Economic Divorce' through Section 21 Orders in Victorian England and Wales?
Part III
5. Experiences of Desertion and Strategies of Independence in Mid-nineteenth-century London and Lancashire
6. Experiences of Applying for 'Economic Divorce' in Mid-nineteenth-century London and Lancashire
7. Traversing 'this dangerous ground': Deserted Wives and the Court for Divorce and Matrimonial Causes
Afterword
