Act of Parliament | |
Long title | An Act to amend the grounds for divorce and judicial separation; to facilitate reconciliation in matrimonial causes; and for purposes connected with the matters aforesaid. |
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Citation | 1969 c. 55 |
Territorial extent | England and Wales |
Dates | |
Royal assent | 22 October 1969 |
Commencement | 1 January 1971 |
Text of statute as originally enacted |
The Divorce Reform Act 1969 (c. 55) is an act of Parliament in the United Kingdom. The act reformed the law on divorce in England and Wales by enabling couples to divorce after they had been separated for two years if they both desired a divorce, or five years if only one wanted a divorce. [1] [2] People could end marriages that had "irretrievably broken down" and neither partner had to prove "fault". [3] It received royal assent on 22 October 1969 and became law when it commenced on 1 January 1971. [3]
The law built on the Matrimonial Causes Act 1857, which allowed people to divorce without an Act of Parliament where there had been adultery and cruelty, rape, bestiality or incest, and the Matrimonial Causes Act 1937, which extended the eligible grounds for divorce to include cruelty, incurable insanity and desertion (of three years or more). [4]
The act was passed only after lengthy and complex processes of negotiation, including a royal commission, discussion and eventual backing for the "irretrievable breakdown concept" amongst a group convened by the Archbishop of Canterbury, consideration by the Law Commission, and debate in Parliament. [5]
Divorce is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganizing of the legal duties and responsibilities of marriage, thus dissolving the bonds of matrimony between a married couple under the rule of law of the particular country or state. It can be said to be a legal dissolution of a marriage by a court or other competent body. It is the legal process of ending a marriage.
William Wilson DL, was a British Labour Party politician. He was a Member of Parliament (MP) for constituencies in Coventry from 1964 to 1983. He was the chairman of the British-Soviet Friendship Society from 1977 to 1983.
No-fault divorce is the dissolution of a marriage that does not require a showing of wrongdoing by either party. Laws providing for no-fault divorce allow a family court to grant a divorce in response to a petition by either party of the marriage without requiring the petitioner to provide evidence that the defendant has committed a breach of the marital contract.
The Divorce Act is the federal Act that governs divorce in Canada. The Constitution of Canada gives the federal Parliament exclusive jurisdiction to regulate the law of marriage and divorce.
Australian family law is principally found in the federal Family Law Act 1975 and the Federal Circuit and Family Court of Australia Rules 2021 as well as in other laws and the common law and laws of equity, which affect the family and the relationship between those people, including when those relationships end. Most family law is practised in the Federal Circuit and Family Court of Australia and the Family Court of Western Australia. Australia recognises marriages entered into overseas as well as divorces obtained overseas if they were effected in accordance with the laws of that country. Australian marriage and "matrimonial causes" are recognised by sections 51(xxi) and (xxii) of the Constitution of Australia and internationally by marriage law and conventions, such as the Hague Convention on Marriages (1978).
Marriage is available in England and Wales to both opposite-sex and same-sex couples and is legally recognised in the forms of both civil and religious marriage. Marriage laws have historically evolved separately from marriage laws in other jurisdictions in the United Kingdom. There is a distinction between religious marriages, conducted by an authorised religious celebrant, and civil marriages, conducted by a state registrar. The legal minimum age to enter into a marriage in England and Wales is 18 since 27 February 2023. Previously the minimum age of marriage was 16, with parental permission. This also applies to civil partnerships.
The Family Law Act 1975(Cth) is an Act of the Parliament of Australia. It has 15 parts and is the primary piece of legislation dealing with divorce, parenting arrangements between separated parents (whether married or not), property separation, and financial maintenance involving children or divorced or separated de facto partners: in Australia. It also covers family violence. It came into effect on 5 January 1976, repealing the Matrimonial Causes Act 1961, which had been largely based on fault. On the first day of its enactment, 200 applications for divorce were filed in the Melbourne registry office of the Family Court of Australia, and 80 were filed in Adelaide, while only 32 were filed in Sydney.
Divorce law, the legal provisions for the dissolution of marriage, varies widely across the globe, reflecting diverse legal systems and cultural norms. Most nations allow for residents to divorce under some conditions except the Philippines and the Vatican City, an ecclesiastical sovereign city-state, which has no procedure for divorce. In these two countries, laws only allow annulment of marriages.
The Matrimonial Causes Act 1857 was an Act of the Parliament of the United Kingdom. The Act reformed the law on divorce, moving litigation from the jurisdiction of the ecclesiastical courts to the civil courts, establishing a model of marriage based on contract rather than sacrament and widening the availability of divorce beyond those who could afford to bring proceedings for annulment or to promote a private Bill. It was one of the Matrimonial Causes Acts 1857 to 1878.
The Matrimonial Causes Act 1937 is a law on divorce in the United Kingdom. It extended the grounds for divorce, which until then only included adultery, to include unlawful desertion for three years or more, cruelty, and incurable insanity, incest or sodomy.
The Divorce Act 1958 was an Act of the Parliament of the United Kingdom that modified the law relating to divorce to widen the definition of insanity and alleviate any hardships caused by the ability to divorce on the ground of desertion, as introduced in Matrimonial Causes Act 1937. The Act was based on the recommendations of Royal Commission on Marriage and Divorce, and was introduced immediately after receiving royal assent on 23 July 1958.
Divorcein South African law refers to the termination of a marital union, the canceling of the legal duties and responsibilities of marriage and the dissolving of the bonds of matrimony between a married couple. Divorce is unlike annulment, which declares the marriage null and void. Divorce requires the sanction of a court in a legal process. The legal process of divorce may also involve issues of alimony, child custody, child support, distribution of property and division of debt.
In England and Wales, divorce is allowed under the Divorce, Dissolution and Separation Act 2020 on the ground that the marriage has irretrievably broken down without having to prove fault or separation.
Actions for divorce in Scotland may be brought in either the Sheriff Court or the Court of Session. In practice, it is only actions in which unusually large sums of money are in dispute, or with an international element, that are raised in the Court of Session. If, as is usual, there are no contentious issues, it is not necessary to employ a lawyer.
In English law, restitution of conjugal rights was an action in the ecclesiastical courts and later in the Court for Divorce and Matrimonial Causes. It was one of the actions relating to marriage, over which the ecclesiastical courts formerly had jurisdiction.
The history of adultery in English law is a complex topic, including changing understandings of what sexual acts constituted adultery, unequal treatment of men and women under the law, and competing jurisdictions of secular and ecclesiastical authorities. Prosecution for adultery as such ceased to be possible in English law in 1970.
The Divorce, Dissolution and Separation Act 2020 is an act of the Parliament of the United Kingdom which amends existing laws relating to divorce to allow for no-fault divorce in England and Wales.
May Seaton-Tiedeman was a prominent American-born campaigner in Britain for divorce law reform, and an active member of the Ethical movement.
The Family Proceedings Act 1980 is the Act that governs divorce in New Zealand. The New Zealand Parliament has exclusive jurisdiction to regulate the law of marriage and divorce.
Owens v Owens[2018] UKSC 41 was a Supreme Court of the United Kingdom case involving the divorce of Mr and Mrs Owens, a couple who had married in 1978. The Supreme Court upheld a decision made at trial, and previously upheld by the Court of Appeal, to refuse a contested divorce petition by Mrs Owens, on the basis that the trial judge could not conclude that Mr Owens's behaviour towards his wife amounted to behaviour so unreasonable that a reasonable person could not be expected to live with him. The Supreme Court and the Court of Appeal expressed regret at not being able to grant the divorce petition, and public reaction to the perceived unfairness Mrs Owens was placed in led to the passage of the Divorce, Dissolution and Separation Act 2020.