Legal Definitions - lady's friend

The term lady's friend refers to a specific historical official within the English House of Commons. This individual's primary responsibility was to advocate for and secure appropriate financial support and provisions for a wife whose husband was seeking a divorce through a special act of Parliament.

Before 1857, obtaining a divorce in England was an extremely difficult and often costly process, typically requiring a private Act of Parliament. During such proceedings, the "lady's friend" acted as a safeguard, ensuring that the wife, who might otherwise be left in a vulnerable financial position, received a suitable settlement or ongoing maintenance from her divorcing husband. Both the practice of parliamentary divorces and the office of the "lady's friend" were abolished by statute in 1857, when the Matrimonial Causes Act established civil courts for divorce proceedings.

Here are some examples illustrating the role of the "lady's friend":

• Imagine a wealthy landowner, Lord Harrington, in the early 19th century, petitioning Parliament for a divorce from his wife, Lady Harrington. The "lady's friend" would have intervened in the parliamentary proceedings to ensure that Lady Harrington was granted a substantial annual allowance and the continued use of a country estate, thereby guaranteeing her financial security and social standing post-divorce.

  This example demonstrates the "lady's friend" securing a significant financial provision for a wife from a wealthy husband, ensuring she was not left impoverished after the dissolution of the marriage.

• Consider a scenario where Sir Charles, a prominent merchant with considerable business interests, sought a parliamentary divorce from Lady Margaret. The "lady's friend" would have worked to ensure that Lady Margaret received not just an income, but also a portion of the family's liquid assets or ownership of a specific property, providing her with independent means and a stable future, rather than solely relying on an allowance that could be contested.

  This illustrates the "lady's friend" advocating for the wife to receive tangible assets, such as property or investments, to ensure her long-term financial independence.

• In a less affluent but still comfortable family, if Mr. Davies, a successful barrister, petitioned Parliament to divorce Mrs. Davies, the "lady's friend" would have argued for a fair and consistent maintenance payment for Mrs. Davies. This payment would be designed to allow her to maintain a respectable lifestyle, perhaps even funding her own small household, rather than facing destitution or complete dependence on relatives after the divorce was finalized.

  This example highlights the "lady's friend's" role in securing ongoing financial support for a wife, tailored to the husband's means, to prevent her from becoming destitute.