Legal Definitions - Court for Divorce and Matrimonial Causes

The Court for Divorce and Matrimonial Causes was a significant historical court in England, established in 1857. Its primary purpose was to handle legal matters related to family life, such as divorce and determining the legal legitimacy of children. Before this court's creation, these sensitive issues were largely managed by religious (ecclesiastical) courts, which had very strict rules, particularly regarding the dissolution of marriages.

This new court marked a pivotal shift towards a more secular and accessible legal system for family disputes. It operated for a relatively short period, as its functions were later absorbed into the High Court of Justice in 1873, specifically into what eventually became the Family Division, which continues to handle similar matters today.

Examples of the Court for Divorce and Matrimonial Causes in Action:

• Case of Marital Dissolution: Imagine a scenario in 1865 where a woman, Mrs. Eleanor Vance, discovers her husband, a prominent landowner, has been openly living with another woman and has fathered children outside their marriage. Under the previous system, obtaining a divorce would have been an incredibly difficult and expensive process, often requiring a private Act of Parliament. However, Mrs. Vance could petition the Court for Divorce and Matrimonial Causes, presenting evidence of her husband's adultery and seeking a legal divorce. The court would then hear her case and, if satisfied with the evidence, could grant a decree dissolving her marriage.

  This example illustrates the court's central role in providing a more streamlined, albeit still challenging, legal avenue for individuals to end their marriages based on grounds like adultery, which was a significant departure from the prior ecclesiastical court system.

• Dispute Over a Child's Legitimacy: Consider a situation in 1870 where a couple, Mr. and Mrs. Davies, had a child shortly after their marriage. However, it later came to light that Mr. Davies's previous marriage had not been legally dissolved before he married Mrs. Davies, rendering their union technically invalid. This raised serious questions about the legal status and inheritance rights of their child. To resolve this uncertainty, the family or their legal representatives could apply to the Court for Divorce and Matrimonial Causes to formally determine the child's legitimacy. The court would examine the circumstances of both marriages and issue a ruling on whether the child was legally recognized as legitimate, which had profound implications for their social standing and property rights.

  This demonstrates the court's jurisdiction over "matrimonial causes" beyond just divorce, specifically its power to adjudicate on the legal legitimacy of children, which was crucial for establishing their legal identity and rights within society.

• Seeking a Judicial Separation: In 1859, a wife, Mrs. Harriet Jenkins, found herself in an unbearable marriage due to her husband's extreme cruelty and neglect, but for religious or social reasons, she did not wish to pursue a full divorce that would allow either party to remarry. Instead, she sought legal protection to live apart from him while remaining legally married. Mrs. Jenkins could petition the Court for Divorce and Matrimonial Causes for a judicial separation. If granted, this order would legally permit her to live separately from her husband, protect her property, and potentially receive financial support, without dissolving the marriage itself.

  This example highlights the court's ability to provide remedies for marital distress that fell short of a full divorce, such as judicial separation, which allowed spouses to live apart with legal protection while still being technically married.