Legal Definitions - parliamentary divorce

A parliamentary divorce, also known as a legislative divorce, refers to the dissolution of a marriage granted directly by a country's legislative body, such as a parliament or congress, rather than by a judicial court. This method of divorce is largely historical in most modern legal systems, which now delegate the authority to grant divorces to the judiciary.

• Example 1: 18th Century England

  Before the establishment of civil divorce courts in England, a wealthy individual wishing to end their marriage would typically need to petition Parliament. For instance, if a prominent landowner in the late 1700s sought a divorce, they would have to introduce a private bill into Parliament. This bill would then undergo a lengthy process of readings, debates, and votes in both the House of Commons and the House of Lords, often requiring evidence and arguments to be presented to lawmakers. If the bill successfully passed through both houses and received Royal Assent, it would become an Act of Parliament, thereby legally dissolving the marriage.

  This example illustrates a parliamentary divorce because the marriage was ended not by a judge's ruling, but by a specific act passed by the legislative body (Parliament) after a formal petition and legislative process.

• Example 2: Early American States

  In some early American colonies and states, particularly before the mid-19th century, judicial systems were not always fully equipped or authorized to handle divorce cases. Consequently, individuals seeking to end their marriages would often petition the colonial or state legislature directly. For example, a woman in a New England state in the early 1800s, seeking to divorce her husband, might present a petition to the state assembly. The assembly would then consider the merits of her case and, if approved, pass a specific legislative act that formally dissolved her marriage.

  This demonstrates a parliamentary divorce because the authority to terminate the marriage rested with the state's legislative assembly, which passed a specific law for that individual case, rather than a court issuing a decree.