“The Matrimonial Causes Act 1923 established the principle of equality in divorce and marked a significant success for post-war feminist campaigning groups.” – Penny Russell
At Slater Heelis, we recognise the importance of understanding our legal history. It’s about appreciating how far we’ve come, remembering the struggles of the past, and acknowledging the people who fought for the rights we have today. This blog will take you back 100 years to an essential change in UK divorce law – the Matrimonial Causes Act 1923. Join us as we delve into this fascinating period of legal history.
The year 1923 was a turning point for women in England and Wales. A landmark law, The Matrimonial Causes Act 1923, was passed. This new law made divorce fairer and was a big win for women’s rights activists of the time.
Before this Act, divorce was a tough road for women. They found it far more complex than men to get a divorce because the laws were very different for each gender. The old law, named the Divorce and Matrimonial Causes Act 1857, said that a man could divorce his wife if she had an affair.
But for a woman, it wasn’t that simple. She had to prove that her husband had not only been unfaithful but had also done something extreme like deserting her for two years, oppressing her, or committing a serious crime. A legal group confirmed this, the Campbell Commission, which said in 1853 that a woman could only get a divorce in extreme cases.
When the old law was reformed in 1857, there was a lot of support for keeping things the way they were. In the House of Commons, twice as many people voted to keep the law as voted to change it. But by the time the Matrimonial Causes Act 1923 was proposed, things had changed a lot. The new Act passed easily, with ten times as many votes in favour as against. Despite some opposition, the Act went ahead, and from then on, a woman could divorce her husband just because he’d had an affair.
Several things have helped change people’s minds. The First World War had a significant impact, causing marriage problems and leading to more divorces. Women’s rights groups had also been working hard to show that men and women should be equal in the eyes of the law. As women gained more rights in other areas of life, many people saw the Matrimonial Causes Act 1923 as a logical next step towards equality.
This wasn’t the end of the changes, though. Another law in 1937 added more reasons why people could get a divorce. Then, in 1969, the Divorce Reform Act made a big change by saying that divorce wasn’t about punishing the guilty party.
Today, a hundred years later, divorce is very different again. We now have a ‘no fault divorce’, where neither party has to prove that the other did something wrong. Now, a person or a couple can say that their marriage has broken down, and they can’t fix it. This makes getting a divorce less of a battle, easier to handle, and fair for both sides.
It’s been a long journey, from the first steps towards equality in 1923 to today’s ‘no fault’ divorces. Society’s views on men, women, and marriage have changed, and the law has changed to keep up. As we look to the future, we’re committed to making the legal process as fair, equal, and straightforward as possible. And here at Slater Heelis, we’re ready to guide you every step of the way.
If you’d like to reach out for any legal assistance, you can contact one of our family law experts at 0330 111 3131 or via our contact form.