Divorce and Matrimonial Causes Act

Historical Context Note

Albert Labriola (Duquesne University)
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In the legal code of eighteenth- and nineteenth-century England, husband and wife were perceived as one person. In effect, the woman’s separate identity was nullified at her marriage, and she was incorporated into the identity of her husband. Appropriately termed “coverture” because of the suppression of the wife’s independent legal existence, this legal code mandated that upon marriage a woman’s real property, notably freely held land, passed to the control of her husband, along with her personal property, such as money, jewellery, and other such possessions. Under these circumstances, the wife could not even bequeath her personal possessions to particular heirs without the approval of her husband. The wife’s body also legally belonged to her husband.

Under this same legal

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Citation: Labriola, Albert. "Divorce and Matrimonial Causes Act". The Literary Encyclopedia. First published 09 February 2004 [https://www.litencyc.com/php/stopics.php?rec=true&UID=690, accessed 19 March 2024.]

690 Divorce and Matrimonial Causes Act 2 Historical context notes are intended to give basic and preliminary information on a topic. In some cases they will be expanded into longer entries as the Literary Encyclopedia evolves.

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