1857 Matrimonial Causes Act

Divorce through the court for ordinary people became legalised in the UK in 1857 under the Matrimonial Causes Act. Before this, divorce was only open to rich men since it had to be granted through an Act of Parliament which was hugely expensive. Women at this time could only initiate a divorce bill if they could prove that adultery was compounded by life threatening cruelty. Only the wealthiest of women could afford such an expense, so most suffered in silence. Therefore, by allowing ordinary people, including women, to apply for divorce, it theoretically meant that women suffering from violence may have had the opportunity to leave that union. 

However, the term 'domestic violence' was not defined in modern context until the early 1970s, over a hundred years after the creation of this Act. Violence against a man or a woman as a stand alone factor was not seen as a substantial enough reason for divorce under the 1857 Act, meaning that the promise of progress that it offered for the rights of women was really quite disappointing. 

Proof required for men to be granted a divorce: 

• Their wife's adultery 
• Cruelty
• Desertion 

Proof required for women to be granted a divorce: 

• Their husband's adultery - only if combined with one of the following 
• Incest
• Cruelty 
• Bigamy 
• Desertion of over three years 
• Rape

Women had a much harder time at attaining a divorce since, unlike men who could divorce their wives solely upon adultery, this defence would not stand alone for women in court. They had to prove another of the reasons, and even then, they could still be denied a divorce by the High Court. 

The High Court in London was the only place to get a divorce at this time, and all proceedings were held in an open court. Anyone present in a divorce case would have been criticised by society since their personal details and experiences would have been revealed and likely to cause a scandal. 

A personal account of a woman trying to attain a divorce from that time came from Caroline Norton. She first applied for a divorce in 1854, before the Matrimonial Causes Act was passed. Due to her failure at achieving a divorce, even with proof of regular, vicious beatings including attacks whilst heavily pregnant, she fought hard for the passing of this Act, even writing a letter to Queen Victoria which was later published. 

Within this letter she quoted, "If an English wife be guilty of infidelity, her husband can divorce her so as to marry again; but she cannot divorce the husband, however profligate he may be." 

By proving how unjust and unfair this rule of law was to the Queen herself, Norton became an influential figure in changing the law. Regardless, she was still unable to ever divorce her husband, George Norton, and was only free of his temper once he died in 1877. This allowed her to marry her true love at the age of 69, but unfortunately died only 3 months later. 

Historical figures such as Caroline Norton were a major factor of the passing of new laws which aimed to benefit women, however they themselves were never protected by these laws. Therefore, although the 1857 Matrimonial Causes Act aimed to make divorce more fair for ordinary people, it was still a difficult process that many could not afford to take due to their fear of loss of their money, children or reputation. 

Overall, I would argue that this law did not help to protect women against domestic violence as cruelty had to be in addition to adultery, and even then they were not guaranteed to be successful in their claim.