A brief History of UK divorce law in the 20th Century - By: Tony Heywood

UK divorce law has developed over the course of the 20th century. The initial pressure for reform came in the first decade of the century as the divorce law in the UK at the time was complex and expensive for most people. It meant that divorce was only a legal recourse for the rich and well connected. Until the middle of 19th century the only way to get divorced was via an act of Parliament and there were only 317 divorces in over 150 years.
Women were also much more restricted and disadvantaged by the law and there were many trapped in unhappy marriages. There was concern about the high amount of couples 'living in sin' owing to the difficulties and costs involved in obtaining divorce.

A Royal commission was set up to look into these issues and to reform the Victorian divorce law and to streamline the process. The Royal commission recommended that the divorce process should be simplified, streamlined and be far less costly.

The advent of the First World War and the improved position of women added more pressure for divorce and family law reform.

A Private Member's Bill was introduced in June 1923. This bill led to the Matrimonial Causes Act made adultery by either husband or wife the sole ground for divorce. A wife no longer had to prove additional faults against the husband. The Matrimonial Causes Act which stated that in the event of a divorce, both partners would be treated equally.
In 1937 the law was amended again and now three other grounds for divorce were added. The private members bill introduced was introduced by A P Herbert. The new ground for divorce that were added to that of adultery were cruelty, desertion (for at least three years), and incurable insanity. However people were unable to divorce within the first three years of their marriage as this clause was included within part of the act.

Until the law changed again in 1969 it was impossible for a "guilty" spouse to divorce an "innocent" partner. As long as the innocent husband or wife took care not to be caught in adultery, he or she could effectively block the other's divorce and remarriage. The fact that many marriages broke down on small issues was not reflected in the divorce law.

The Law Commission looked at these issues in the 1960 and reported in 1966. The aim was to update the law and remove the emphasis on marital offence as the basis of a divorce. When it was introduced in 1971, The Divorce Reform act made it much easier for a couple to escape a marriage. The Act created the so-called "quickie divorce" and introduced the principle of 'irretrievable breakdown' as grounds for separation and ultimately divorce.

The act also shifted the locations of the divorce hearing from the High Court to the County Court although initial allegations still had to be proved in court. This meant that in open court hearings evidence had to be given by the party issuing the divorce proceedings. Defended divorces still had to be heard in the high court.

A series of “special procedure” were introduced between 1971 and 1977 that allowed for a judge of rule on the divorce process via the papers and affidavits provided. Neither of the parties needed to attend and the only open part of the divorce was the issue of the degree. These special procedures have now become the norm in divorces in the UK.

The 1971 act is still the basis of divorce and family law in the UK and the current government has announced plans to review the current law to see if it reflects the needs of society forty years since the law was last amended.

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