Divorce Reform Act 1969

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Divorce Reform Act 1969
Act of Parliament
Royal Coat of Arms of the United Kingdom (variant 1, 1952-2022).svg
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.
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Text of statute as originally enacted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]

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References

  1. "A brief history of divorce". The Guardian. 18 September 2009. ISSN   0261-3077. Archived from the original on 15 November 2019. Retrieved 6 September 2019.
  2. Coast, Ernestina; Floridi, Ginevra; Sigle, Wendy. "Divorce Reform Act 1969". Population Europe Resource Finder and Archive. Archived from the original on 6 September 2019. Retrieved 6 September 2019.
  3. 1 2 "Divorce Reform Act 1969". BBC News. 10 February 2011. Archived from the original on 15 November 2019. Retrieved 6 September 2019.
  4. "Wedlock or deadlock". UK Parliament. Archived from the original on 15 November 2019. Retrieved 6 September 2019.
  5. Cretney, Stephen (2005). "Irretrievable Breakdown as the Ground for Divorce: The Divorce Reform Act 1969". Family Law in the Twentieth Century: A History. Oxford University Press. pp. 319–392. doi:10.1093/acprof:oso/9780199280919.003.0009. ISBN   9780191713170.