Preamble: An act to repeal the Divorce Act and to make new provisions regarding dissolution of marriage and other matrimonial causes and to provide for matters incidental thereto or connected therewith. "Matrimonial Causes Act" is a stock short title used for legislation in the United Kingdom relating to marriage law. This Act may be cited as the Matrimonial Causes Act [Chapter 5:13]. There is no need to burden the reader with a long account of court decisions on what constituted sufficiently grave and weighty conduct. The parties remained married. Once again, the courts had to define the limits of what one spouse could be expected to tolerate, and the answer was: quite a lot. They held that mutual masturbation and other indecencies were insufficient27 and that there had to be some penetration of the female genitalia by the male organ.28 Again, inter-course (p.255) had to be consensual if it was to constitute adultery. There is no HTML version of this Act. No decree for the dissolution of marriage granted by the Supreme Court shall be invalid by reason only that regard has not been had to the provisions of section one of the Matrimonial Causes Act 1937, of the United Kingdom, or section two of the Matrimonial Causes Act 1950 of the The objects of the Act are; The true support has since the celebration of the marriage been continuously under care and treatment 2. 2 Interpretation (1) In this Act Browse Menu. As the Master of the Rolls48 put it in 1952:49, desertion as a ground for divorce differs from the statutory grounds of adultery and cruelty in one important respect. The Act also amended the law about the application of the bars to divorce4 originally laid down in the 1857 Act; and provided5 that no petition for divorce should be presented within the first three years of marriage unless the court gave leave on specified exceptional grounds to do so. 2. Abstract The provisions of Section 70 of the Matrimonial Causes Act gives the Court powers to make order for the maintenance of the parties and children of the marriage. The book was a major element in the popular debate about the liberalisation of divorce law in the mid-1930s, and helped pave the way for the 1937 statutory reforms. 3 Definition of care and treatment in relation to insanity. 1937-10-28: MATRIMONIAL CAUSES ACT. PART I Jurisdiction. The Matrimonial Causes Act 1937 is a law on divorce in the United Kingdom. When a vacancy occurred in the House of Commons upon the resignation of the Conservative Sir Charles Oman, Herbert was elected as an Independent MP for the Oxford University constituency in November 1935. Legal Status: Legitimate or Illegitimate? The Matrimonial Causes Act Cap 29:06 regulates matters pertaining to divorce, judicial separation and other incidental matters. For example, if the petition was to be based on adultery16still much the commonest groundthe applicant had to give all known details with dateXs and addresses, together with the sources of applicants information, and the names and addresses of known or possible witnesses who are willing to give statements and to appear in Court if required. With a personal account, you can read up to 100 articles each month for free. Prime Minister Stanley Baldwin provided a day for the bill's third reading, which led to its successful passage (190-37). He sought to make it clear that the Act would not introduce Reno-style12 quickie divorce in this country; and that the introduction of extended grounds for divorce would not alter the basic principle of the law. Stephen Cretney-Family Law in the Twentieth Century_ A History-Oxford University Press (2003), Arbitration of International Business Disputes, Brownlies Principles of Public International Law, Health and Human Rights in a Changing World, he Handbook of Maritime Economics and Business, Information Doesn't Want to Be Free_ Laws for the Internet Age, International Contractual and Statutory Adjudication, International Maritime Conventions (Volume 3), International Sales Law A Guide to the CISG, Mandatory Reporting Laws and the Identification of Severe Child Abuse and Neglect, Research on Selected China's Legal Issues of E-Business, Serving the Rule of International Maritime Law, The Impact of Corruption on International Commercial Contracts, Theoretical and Empirical Insights into Child and Family Poverty, The Oxford History of the Laws of England, The Routledge Companion to Philosophy of Law, Trade Policy between Law Diplomacy and Scholarship. treated the petitioner with cruelty; or, ) is incurably of unsound mind and has An alternative to lists of cases, the Precedent Map makes it easier to establish which ones may be of most relevance to your research and prioritise further reading. HANSARD 1803-2005 Acts (M) . Whereas, the Matrimonial Causes Act 1937 (MCA 1937) included grounds of cruelty, desertion or incurable insanity. By that provision. In 1937, the Matrimonial Causes Act saw further amendments to the 1857 law. The ordinary wear and tear of married life, such as every spouse bargained to accept when taking the other for better or worse,59 was not to be sufficient justification for breaking up the family home.60 Only grave and weighty conduct making the continuance of the matrimonial cohabitation virtually impossible would suffice:61, In Timmins v. Timmins62 the trial judge found that the husband was overbearing, domineering, had a hasty temper, habitually expressed himself in rapid unmeasured terms, and was insistent on maintaining his rights as a husband. If that separation is brought about by his fault, why is that not desertion? 1937 - Matrimonial Causes Act Reforms divorce law . Data collected in the framework of the Population Europe Research Finder and Archive (PERFAR). The Matrimonial Causes Act 1937 is a law on divorce in the United Kingdom.. Apart from the Roman Catholic Church, Church of England and its associated Mothers Union, there was broad support for divorce law liberalisation, as this legislation had not been significantly amended since the passage of the Matrimonial Causes Act 1857, when adjudication had been removed from church courts and placed . If one party could plausibly claim that the judge had misdirected himself there could be an appeal to the Court of Appeal or even to the House of Lords;85 and over the years significant changes in policy came about as a result of decisions on such appeals. Copyright 2013. (2) In determining any application under this section for leave to present a petition before the expiration of three years from the date of the marriage, the judge shall have regard to the interests of any children of the marriage and to the question whether there is reasonable probability of a reconciliation between the parties before the expiration of the said three years. In 1937 another Matrimonial Causes Act introduced three more options for unhappy spouses to take to court, and so it became possible to divorce on the grounds of cruelty, desertion and incurable insanity as well as adultery. You also get a useful overview of how the case was received. (1) A subordinate matrimonial court may, on its own motion or at the request of any party to the action, reserve for the opinion of the High Court any question of law which arises upon the hearing of the action by such subordinate matrimonial court and shall adjourn the action pending receipt of the determination of the High Court. Some said that, however bad the husbands behaviour, he could not be held guilty of constructive desertion if the facts showed that the last thing he desired was that the wife should leave him;73 but others thought that, since a man is presumed to intend the natural and probable consequences of his acts, a man would be held to have the necessary intention to found a charge of constructive desertion if he must have known that his conduct (p.263) would cause her to leave, however passionately he might desire or request that she remain.74 The correct answer to the question remained doubtful.75, The question of intention also caused difficulty in cases in which one party was suffering from mental illness. It was passed, somewhat strengthened by the House of Lords, in 1938 as the Matrimonial Causes Act 1937. If one spouse has committed adultery or has treated the other with cruelty, the latter has an accrued right to petition for divorce. Advancing women's rights to land and natural resources in economically poor countries globally. However, nothing was done at that time to broaden grounds for divorce from adultery alone, to include permanent desertion of one's partner and family, and incurable and severe mental illness. This item is part of a JSTOR Collection. Donate . A couple might drift apart, recognise that their marriage had broken down, and want to regain their single status. The House of Lords proved compliant, and even liberalised the bill, shortening the time for desertion to two years, apart from instances of "hardship" and "depravity". Save to Library Save. The act represents the first piece of legislation to introduce divorce in England by decree of the civil courts. Such orders are exclusive to matrimonial or civil partnership proceedings and may be made to rectify the position where one party has . Section 37 Matrimonial Causes Act 1973: avoidance of disposition orders. Could anything be done if the man did not like the idea of taking some strange female to a hotel?54 The answer was that the husband could write his wife a letter drafted so as to make it appear that he had in law deserted her, and then she would (in spite of the fact that the separation was in reality entirely consensual) be able to petition for divorce after they had lived apart for three years on the ground of desertion.55 And, for those who did not want to wait for three years, it seems that a skilfully drafted letter written after the separation56 could be made to operate retrospectively57 and form the basis for an immediate divorce. It is stated in legal text books and by judges that sections 1.2. 7(1) (b) of The Matrimonial Causes Act 1937 and Section 9(1) Matrimonial Causes Act 1965 - Conditions precedent for the grant of the Order - Relevant considerations List. It established that either party to a marriage could petition for divorce on the grounds that the other: had committed adultery; deserted the petitioner without a cause for at least three years immediately preceding the petition; treated the petitioner with cruelty; was incurably of unsound mind and had been continuously under care and treatment for a period of at least five years preceding the petition; and that he or she could provide evidence of any of the above (Cretney, 2005). The Modern Law Review is a general, peer-refereed journal that publishes original articles relating to common law jurisdictions and, increasingly, to the law of the European Union. The Act extended the grounds for divorce to include desertion for over three years, cruelty and incurable insanity. Institution of matrimonial causes proceedings only under this Act. The act was the first piece of legislation passed by Parliament that made "divorce legal under British law and was the first law to protect a wife's property" (Kelly). cause for a period of at least three years Subscribers are able to see the revised versions of legislation with amendments. Language: English. Section 2 - Proof Of Breakdown Of Marriage. If you have any question you can ask below or enter what you are looking for! The following section shall be substituted for section one hundred and seventy-six of the Supreme Court of Judicature (Consolidation) Act, 1925(hereinafter called the principal Act):, 176. 3. The judge held that neither of this ill-assorted couple had succeeded in establishing a case of cruelty against the other.53 The wifes solicitor subsequently drafted a letter saying that the wife felt good will and a bona fide desire by both parties to forget and forgive might save the (p.259) marriage; and she offered to return to the matrimonial home provided only that neither mother-in-law visited them there. So the requirement of separation was satisfied provided that there was a complete separation of households. 1. He or she may repudiate the marriage and is no longer bound to affirm it and reinstate the offending spouse. The Matrimonial Causes Act 1973, section 47(1), now provides that a court . It is vitally important to have help from expert divorce solicitors who will be familiar with this law and the way it is usually interpreted by the Court. The leading authorities dated back to the (p.264) Ecclesiastical Courts decisions on divorce a mensa et thoro;78 since 1857 cruelty had been a ground for judicial separation and one of the possible aggravating elements in a wifes divorce petition, while since 189579 magistrates courts up and down the country had frequently had to adjudicate on complaints that a husband had been guilty of persistent cruelty to his wife.80Not surprisingly, therefore, Herbert agreed to drop the elaborate definition of cruelty included in the Bill first presented to Parliament;81 and the House of Commons was content to leave it to the courts to interpret the provision that either husband or wife could petition for divorce on the ground that the respondent had since the celebration of the marriage treated the petitioner with cruelty.82, The starting point in any cruelty case was always the need for evidence of the facts on which the petitioner relied. But the courts were reluctant to allow anything else to relieve a spouse of the duty to cohabit. Section 3 - Adultery Of Respondent. It extended the grounds for divorce, which until then only included adultery, to include unlawful desertion for three years or more, cruelty, and incurable insanity, incest or sodomy. Before the outbreak of World War II, Herbert campaigned for private member's rights, piloted the Matrimonial Causes Act 1937 through Parliament, opposed the Entertainments Duty and campaigned against the Oxford Group. 2. January Create Alert Alert. 1949 - Adoption Act Introduces tighter regulations in adoption procedures . 15th (3) Nothing in this section shall be deemed to prohibit the presentation of a petition based upon matters which have occurred before the expiration of three years from the date of the marriage. But most important was the applicants statement. (b), 23 and 25 of the MCA 1973 are vague and nebulous. If the spouse has confessed adultery, full circumstances and as full details as possible of the conversation and the names and addresses of any witness present should be given. There was an acute conflict on this. In relation to the access to women to divorce, the Matrimonial Causes Act 1923 allowed women to file divorce proceedings on grounds of adultery and subsequently, the Matrimonial Causes Act 1937 introduced three more options for grounds to petition the court for a divorce - cruelty, desertion and incurable insanity. Jurisdiction in matrimonial causes. Although it was not necessary to show that the one spouse had actually intended to injure the other, it was necessary to show that the conduct in question had (so it was said) been aimed at him or her. Indeed, it was because desertion was a well-settled legal concept that Herbert (p.256) agreed to the removal of the statutory definition which he had included in the first draft of the Bill.36, But quite how well-settled was the law? The Court of Appeal was more sympathetic to the wifes plight. To access this article, please, Access everything in the JPASS collection, Download up to 10 article PDFs to save and keep, Download up to 120 article PDFs to save and keep. - Redmayne, S. The Matrimonial Causes Act 1937: A Lesson in the Art of Compromise. The vital difference between a consensual separation and a separation which had (p.258) been caused by one party deserting the other had to be maintained.45 The petitioner had to show the respondent had intended to break the marriage up for good and that the petitioner had not agreed to this.46, But this was not as straightforward as it might seem. If the case was well organised by a competent and experienced legal team this would not usually cause any difficulty, at least in those cases (the great majority) in which the other spouse did not resist legal dissolution of a relationship both accepted to be broken beyond repair. But what did that mean in reality? In 1937 the law was changed by the Matrimonial Causes Act which Herbert had introduced as a Private Member's Bill. They may meet on the stairs or in the passageway, but so they might if they each had separate flats in one building. (p.251) These provisions remained virtually unamended for 20 years6 and the Herbert Act (as it was often called) constituted the statutory framework governing the availability of divorce in this country for more than 30 years.7 The present chapter seeks to give an account of the working of the reformed law.8 But the administration of the law was (once again) greatly affected by the increase in demand for divorce associated with the Second World War; and changes in the structure of the courts dealing with matrimonial matters, with procedures, and with the funding of access to the courts are dealt with separately in the following chapter of this book.9. Both the requirement that the conduct be grave and weighty and that it should have been aimed at the petitioner caused the courts considerable difficulty. [3], National Union of Societies for Equal Citizenship, "Matrimonial Causes Act 1937: A Lesson in the Art of Compromise | Oxford Journal of Legal Studies | Oxford Academic", "Ground for Divorce under the Matrimonial Causes Act 1937", https://en.wikipedia.org/w/index.php?title=Matrimonial_Causes_Act_1937&oldid=1117202447, Geoffrey Best: "The Father of the Permissive Society", This page was last edited on 20 October 2022, at 13:00. This has an undeniable logic, but led to a good deal of tactical manoeuvring. Long Title: . If the wife ceases to have anything to do with, or for, the husband and he is left to look after himself in his own rooms, why is not that desertion? The Divorce Reform Act 1969 (DRA 1969) sought to create a compromise to incorporate a change within societal views after the Second World War. The Matrimonial Causes Act 1857; The Matrimonial Causes Act 1858; The Matrimonial Causes Act 1859; The Matrimonial Causes Act 1860. extended by the Perpetuation of Matrimonial Causes Act, 1860 Act 1862; The Matrimonial Causes Act 1864; The Matrimonial Causes Act 1866 This Act may be cited as the Matrimonial Causes Validation Act. (p.266) It was necessary to prove that the respondent had been guilty of grave and weighty conduct, but it was not sufficient to do so. But supposing that a deeply religious woman believed her husband to have been guilty of grave sins which did not however constitute a recognised matrimonial offence? Section 5 - Desertion Of Respondent. Herbert's Act led to a significant increase in the annual number of divorces, though . PART ONE Divorce 1. Of course, there were cases in which it was possible to argue that an apparent consent was not in reality a consent to separation at all.47 But it was the statutory requirement that desertion had to be for a period of three years immediately preceding the petition which had the most striking impact. London School of Economics and Political Science Acts, 1890 to 1930, or of any order or [17th March, 1970] [Commencement. ] Void marriages and prohibited degrees of consanguinity. The Matrimonial Causes Act 1937 is a law on divorce in the United Kingdom. First, a spouse in desertion could provide himself with a defence by the simple device of making a so-called bona fide offer to return.50 Secondly, if the offer was refused without reasonable cause the person to whom the offer had been made became the deserter (a fact which was of considerable significance at a time when a spouse in desertion had no right to financial support from the other).51 Not surprisingly, astute divorce lawyers became adept at drafting such offers: In Price v. Price52 the wife left and took the children with her. Reaching a financial settlement on divorce is governed by section 25 of the Matrimonial Causes Act 1973, so it is vitally important to have help . (iii) the petition is not presented or prosecuted in collusion with the respondent or either of the respondents; the court shall pronounce a decree of divorce, but if the court is not satisfied with respect to any of the aforesaid matters, it shall dismiss the petition: Provided that the court shall not be bound to pronounce a decree of divorce and may dismiss the petition if it finds that the petitioner has during the marriage been guilty of adultery or if, in the opinion of the court, the petitioner has been guilty, ( a ) of unreasonable delay in presenting or prosecuting the petition; or, ( b ) of cruelty towards the other party to the marriage; or, ( c ) where the ground of the petition is adultery or cruelty, of having without reasonable excuse deserted, or having without reasonable excuse wilfully separated himself or herself from, the other party before the adultery or cruelty complained of; or, ( d ) where the ground of the petition is adultery or unsoundness of mind or desertion, of such wilful neglect or misconduct as has conduced to the adultery or unsoundness of mind or desertion., The following subsections shall be substituted for subsections (1) and (2) of section one hundred and eighty-five of the principal Act:. 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