A Practical Treatise on Divorce and Matrimonial Jurisdiction Under the Act of 1857 and New Orders ... PDF Download

Author: John Fraser Macqueen
Publisher:
ISBN:
Category : Court rules
Languages : en
Pages : 232

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Author: John Fraser Macqueen
Publisher:
ISBN:
Category :
Languages : en
Pages : 224

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Author: Library of Congress
Publisher:
ISBN:
Category : Subject catalogs
Languages : en
Pages : 994

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Author: Jennifer Aston
Publisher: Bloomsbury Publishing
ISBN: 1509970622
Category : Law
Languages : en
Pages : 285

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Book 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.

Author: John Pitt Taylor
Publisher:
ISBN:
Category : Evidence (Law)
Languages : en
Pages : 934

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Author:
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 884

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Author: Henry Kha
Publisher: Routledge
ISBN: 100028672X
Category : History
Languages : en
Pages : 316

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Book Description
The book explores the rise of civil divorce in Victorian England, the subsequent operation of a fault system of divorce based solely on the ground of adultery, and the eventual piecemeal repeal of the Victorian-era divorce law during the Interwar years. The legal history of the Matrimonial Causes Act 1857 is at the heart of the book. The Act had a transformative impact on English law and society by introducing a secular judicial system of civil divorce. This swept aside the old system of divorce that was only obtainable from the House of Lords and inadvertently led to the creation of the modern family justice system. The book argues that only through understanding the legal doctrine in its wider cultural, political, religious, and social context is it possible to fully analyse and assess the changes brought about by the Act. The major developments included the end of any pretence of the indissolubility of marriage, the statutory enshrinement of a double standard based on gender in the grounds for divorce, and the growth of divorce across all spectrums of English society. The Act was a product of political and legal compromise between conservative forces resisting the legal introduction of civil divorce and the reformers, who demanded married women receive equal access to the grounds of divorce. Changing attitudes towards divorce that began in the Edwardian period led to a gradual rejection of Victorian moral values and the repeal of the Act after 80 years of existence in the Interwar years. The book will be a valuable resource for academics and researchers with an interest in legal history, family law, and Victorian studies.

Author: Canada. Library of Parliament
Publisher:
ISBN:
Category : Canada
Languages : en
Pages : 826

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Author: Diane Urquhart
Publisher: Cambridge University Press
ISBN: 1108493092
Category : Family & Relationships
Languages : en
Pages : 297

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Spanning the island of Ireland over three centuries, this first history of Irish divorce places the human experience of marriage breakdown centre stage to explore the impact of a highly restrictive and gendered law, and its reform, on Irish society.

Author: Sir James Fitzjames Stephen
Publisher:
ISBN:
Category :
Languages : en
Pages : 156

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