Legal Definitions - de estoveriis habendis

de estoveriis habendis

In historical English law, de estoveriis habendis was a specific type of legal order, known as a writ, that a wife could obtain. This writ was relevant in cases where a couple had received a divorce a mensa et thoro, which was a legal separation that allowed them to live apart but did not dissolve the marriage entirely, meaning neither party could remarry. The purpose of this writ was to compel the husband to provide financial support, often referred to as "estovers" or alimony, to his separated wife as ordered by the ecclesiastical courts (which handled such matters historically).

Here are some examples illustrating its application:

• Imagine it is the late 18th century in England. Mrs. Eleanor Vance has obtained a divorce a mensa et thoro from her husband, Mr. Arthur Vance, on grounds of his extreme cruelty. The ecclesiastical court has ordered Mr. Vance to pay a regular allowance for Mrs. Vance's maintenance and support. However, Mr. Vance, out of spite, refuses to make these payments. To enforce the court's order and recover the overdue funds necessary for her living expenses, Mrs. Vance would petition the common law courts for a writ of de estoveriis habendis.

  This example demonstrates how the writ served as a legal tool for a separated wife to enforce her right to court-ordered financial support when her husband defaulted on his obligations.

• Consider a scenario in the early 19th century where a wealthy landowner, Sir Reginald, and his wife, Lady Beatrice, have been legally separated a mensa et thoro due to irreconcilable differences. The court had stipulated a generous annual sum for Lady Beatrice's upkeep, allowing her to maintain a separate household. After several years, Sir Reginald decides to reduce or cease these payments, claiming financial hardship without proper justification. Lady Beatrice, facing a sudden loss of her primary income, would apply for a writ of de estoveriis habendis to legally compel Sir Reginald to continue providing the agreed-upon support, ensuring her financial stability as per the original court decree.

  This illustrates the writ's function in ensuring the continuity of a separated wife's financial provision, protecting her from arbitrary withdrawal of support by her husband.