Author Topic: Separation order or Divorce  (Read 659 times)

Offline BourneGooner

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Separation order or Divorce
« on: Saturday 27 April 19 14:44 BST (UK) »
Hi All

Some terminology I'm hoping someone can help me with.

A newspaper article relating to a man who has deserted his wife and family dated 1902 states that "The magistrates made a separation order, giving custody of the children to the applicant"

I now know that the man in question married again a few years later and on the certificate he states he is a bachelor (from a previous posting of mine I know take this to mean "free to marry" thanks to all involved in that one :-)).

My problem is I can't find any evidence of a divorce for him, would the magistrates separation order be the same as divorce proceedings or does this refer to separation from the children, not his wife.

My main reason for asking is if this didn't mean divorce was the second marriage bigamous.

As always any help would be gratefully received.

BourneGooner
Lock's of Rutland, Lincolnshire, Northamptonshire
Goff's of Nottinghamshire, Bedfordshire
Smith's - Gypsy descendants of Barthwell Smith

Offline Maiden Stone

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Re: Separation order or Divorce
« Reply #1 on: Saturday 27 April 19 18:08 BST (UK) »
The separation order was likely made so that the wife had proof that she and the children had been deserted and she would be able to apply for maintenance from her husband. If the husband didn't pay up he could be taken to court and fined or sent to prison. If the husband couldn't be found, his wife could apply for poor relief. She might also have approached local charities or church for financial or practical help. All these bodies needed to know that her request was genuine.
Which country? English family law was that a father had legal rights over the children of his marriage. There were several changes to this law between late 19th and mid 20th centuries so you might like to check the situation in 1902.
Grounds for divorce were restrictive, even more so for a wife than husband. It was also expensive, uncommon and scandalous. Divorce cases were probably reported in press, so the scandal became public.
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Offline nanny jan

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Re: Separation order or Divorce
« Reply #2 on: Saturday 27 April 19 21:02 BST (UK) »
There was help for wives who wanted a divorce; a distant relative was granted a divorce in 1904 as a 'poor person'. Husband had attacked her with a knife and had fathered a child with his girlfriend!
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Offline Maiden Stone

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Re: Separation order or Divorce
« Reply #3 on: Saturday 27 April 19 22:07 BST (UK) »
'Divorce since 1900' topic on Parliament website
https://www.parliament.uk/business/publications/research/olympic-britain/housing-and-home-life/split-pairs
 
National Archives - Divorce
www.nationalarchives.gov.uk/help-with-your-research/research-guides/divorce
This has info on deeds of separation.

'British Women's Emancipation Since the Renaissance'  : Divorce.  See also:  Marriage; Custody of children
www.historyofwomen.org/divorce.html
1857 Court for Divorces and Matrimonial Causes was set up, based in London.
1878 A wife could obtain a separation order on grounds of husband's persistent cruelty if he was convicted of aggravated assault on her.
1902 Husband's habitual drunkenness was added to grounds for legal separation.
Annual average of applications for separation orders 1895-99 was 600.
Annual average of applications for separation orders 1900-1904 was 1,400.

See also:
Custody of Infants Act 1839
Divorce and Matrimonial Causes Act 1857
Matrimonial Causes Act 1884
Married Women's Property Acts
Matrimonial Causes Acts 1923




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