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Overview

divorce

Subject: History

The legal termination of a marriage and the obligations created by marriage, other than by a decree of nullity or presumption of death.

divorce

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The Oxford Dictionary of the Renaissance

Reference type:
Subject Reference
Current Version:
2005
Subject:
History, Early Modern History (1500 to 1700)
Length:
382 words

... . In western canon law marriage was deemed to be indissoluble. This injunction meant that in the Western Church divorce a vinculo matrimonii (from the bond of marriage) was forbidden unless there was a judicial decree of annulment. However, a form of judicial separation called divorce a mensa et toro (from table and bed; the Renaissance Latin form is thoro ) was granted by ecclesiastical courts. The essential difference between these two forms of divorce was that divorce a vinculo matrimonii permitted remarriage, whereas divorce a mensa et toro ...

divorce

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James G. Snell

The Oxford Companion to Canadian History

Reference type:
Subject Reference
Current Version:
2004
Subject:
History, Regional and National History
Length:
693 words

...parliamentary divorce and granting judicial divorce to the courts of Quebec and Newfoundland for the first time. The grounds for divorce changed dramatically: adultery, physical or mental cruelty, or permanent breakdown of at least three years' separation. The number of divorces exploded: 29,238 in 1970 . The stigma had largely been removed from divorce, and people were intent on abandoning unhappy marriages, often in hopes of establishing another relationship that might satisfy their aspirations. In 1985 the last major piece of divorce legislation was...

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A Dictionary of Law Enforcement (2 ed.)

Reference type:
Subject Reference
Current Version:
2015
Subject:
Law
Length:
24 words

... The legal termination of a marriage and the obligations created by marriage, other than by a decree of nullity or presumption of...

divorce

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Ian John Ernest Keil and Robert Crowcroft

The Oxford Companion to British History (2 ed.)

Reference type:
Subject Reference
Current Version:
2015
Subject:
History, Regional and National History
Length:
691 words

...to the grounds for divorce. Again the number of divorces increased and rose even higher after the Second World War, when those seeking divorce could apply for financial help under the legal aid scheme of 1948 . Until the Divorce Act of 1969 two features characterized divorce proceedings: the guilt of one partner had to be proved, and both partners had to agree to pursuing a divorce. The Act came into force in 1971 and allowed divorce on the grounds of the irredeemable breakdown of the marriage, and the initiation of divorce proceedings by one partner...

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Oxford Dictionary of Word Origins (3 ed.)

Reference type:
Subject Reference
Current Version:
2021
Subject:
Language reference, History of English
Length:
112 words

...divorce [LME] In early times divorce covered many ways of ending a marriage: one spouse could simply leave or send the other away; the marriage could be annulled, declared invalid from the beginning (as in the divorce of Henry VIII from Catherine of Aragon); or the couple could formally enter into a legal separation. The word itself is recorded from the late Middle Ages and came from Latin divortium , based on divertere ‘to turn in separate ways’. A divorced person has been a divorcee since the early 19th century. The term came from French, and at first...

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A Dictionary of Sociology (4 ed.)

Reference type:
Subject Reference
Current Version:
2015
Subject:
Social sciences, Sociology
Length:
364 words

... The formal legal dissolution of a legally constituted marriage . The conditions necessary to terminate a marriage in divorce vary widely from culture to culture and over time. In certain societies the rights of men and women in this respect are still highly unequal, but there appears to be a move in Western societies towards an acceptance of the idea of irretrievable breakdown of a marriage as suitable grounds for divorce. One of the most significant trends in the wake of this liberalization of divorce laws has been the increasing propensity for divorce...

Divorce

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Encyclopedia of Social Work (20 ed.)

Reference type:
Subject Reference
Current Version:
2008

...and emotional transitions that divorcing individuals endure: disillusionment, erosion, detachment, physical separation, mourning, second adolescence, and exploration and hard work (Guttman, 1993 ). As another example, Bohannan's ( 1968 ) model of divorce emphasizes six simultaneous divorce processes: the emotional divorce, the legal divorce, the economic divorce, the co-parental divorce, the community divorce, and the psychic divorce (Clarke-Stewart & Brentano, 2006 ; Guttman, 1993 ). Consequences of Divorce Adults Researchers and practitioners give...

Divorce

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The Oxford Companion to Australian History

Reference type:
Subject Reference
Current Version:
2003
Subject:
History, Regional and National History
Length:
760 words

... became possible in the Australian colonies when the first comprehensive divorce legislation was enacted in the years immediately following the 1857 British Matrimonial Causes Act, which applied to England and Wales and which made divorce available under secular law. By 1865 all the Australian colonies except NSW had enacted divorce legislation similar to the British 1857 Act; NSW did so in 1873 . This legislation provided for legal divorce only on the ground of adultery, thus introducing the notion of fault-based divorce. The sexual double...

divorce

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The New Oxford Companion to Law

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law
Length:
1,480 words

... A divorce is the legal dissolution of a marriage usually requiring an order of the court . While divorces obtained in the UK are valid only by order of a court, the court retains discretion to recognize as valid divorces granted in other jurisdictions where no court proceedings were taken. So, for example, a talaq divorce, if valid in the place of the parties' domicile, might be recognized as valid in English law. Divorce is governed in England and Wales by the Matrimonial Causes Act 1973 and, in Scotland, by the Divorce (Scotland) Act 1976 as...

divorce

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The Oxford Dictionary of Local and Family History

Reference type:
Subject Reference
Current Version:
2003
Subject:
History, Local and Family History
Length:
245 words

... . Before the Reformation marriages could not be dissolved by formal procedures. By the end of the 16th century all the Protestant countries except England had divorce laws. In Scotland, by the mid-16th century, divorce was permitted on the grounds of adultery or desertion and the innocent party was allowed to remarry. In England and Wales no changes in the law of divorce were made before the Matrimonial Causes Act ( 1857 ). This Act was never extended to Ireland. In practice, however, the ending of unsatisfactory marriages was possible through the...

DIVORCE

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The Oxford Dictionary of the Jewish Religion (2 ed.)

Reference type:
Subject Reference
Current Version:
2011
Subject:
Religion
Length:
1,242 words

... . The Bible permits a man to divorce his wife if he has found something unseemly about her (no details are given), in which case he writes her a bill of divorcement, hands it to her, and sends her away ( Dt. 24.1–4). From this passage it was concluded that the right of divorce rests solely with the husband and that the act requires a written document ( Git. 20a). A man could not divorce his wife if he had falsely accused her of not being a virgin at the time of marriage ( Dt. 22.19) or if he had previously raped her ( Dt. 22.28–29). Divorce is...

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The Concise Oxford Dictionary of the Christian Church (3 ed.)

Reference type:
Subject Reference
Current Version:
2014
Subject:
Religion
Length:
163 words

... . The word is used both of a dissolution of the marriage bond and of legal separation. Since W. canon law upholds the principle of the indissolubility of marriage, divorce in the first sense is contrary to the historic formularies of the C of E, and persons divorced in the civil courts were until recently normally unable to remarry in church. Since 2002 , however, where neither of the parties was involved in the breakdown of an earlier marriage, decisions about a second marriage in church are left to the officiating minister. In the RC Church a...

divorce

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The Oxford Companion to Local and Family History (2 ed.)

Reference type:
Subject Reference
Current Version:
2009
Subject:
History, Local and Family History
Length:
294 words

... Before the Reformation marriages could not be dissolved by formal procedures. By the end of the 16th century all the Protestant countries except England had divorce laws. In Scotland, by the mid‐16th century, divorce was permitted on the grounds of adultery or desertion and the innocent party was allowed to remarry. In England and Wales no changes in the law of divorce were made before the Matrimonial Causes Act 1857 . This Act was never extended to Ireland. In practice, however, the ending of unsatisfactory marriages was possible through the...

Divorce

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Roderick Phillips and Roderick Phillips

The Oxford Encyclopedia Women in World History

Reference type:
Subject Reference
Current Version:
2008
Subject:
History
Length:
5,315 words
Illustration(s):
1

...conditions longer and therefore considered divorce less readily than men. Women who did wish to divorce often found themselves faced with divorce laws that made it more difficult for them than for men to divorce. Divorce laws have varied from place to place and from period to period, but the added obstacles confronting women seeking divorce often included a narrow range of grounds. Many divorce laws, for example, made a single act of adultery by a married woman an adequate ground for her husband to obtain a divorce, but the laws required a woman to prove her...

divorce

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The Oxford Companion to Irish History (2 ed.)

Reference type:
Subject Reference
Current Version:
2007
Subject:
History, Regional and National History
Length:
419 words

...family, were fairly common practice. Legal divorce was possible only for the rich, by private act of parliament. Divorce by civil process became possible in England from 1857 , but proposals that the act should be extended to Ireland were vigorously opposed by both Catholic and Protestant clergy. Following partition the parliament of Northern Ireland continued to receive divorce bills, and legislation for divorce by civil process was introduced in 1939 . In the Irish Free State the introduction of private divorce bills in Dáil Éireann during 1922–3 ...

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A Dictionary of Social Work and Social Care (2 ed.)

Reference type:
Subject Reference
Current Version:
2018

... The legal ending of a marriage. The Divorce Reform Act ( 1969 ) introduced irretrievable breakdown as the basis for divorce. This could be established on the grounds of adultery, cruelty, desertion, two years’ separation with the consent of both parties, or five years’ separation. The Matrimonial Causes Act ( 1973 ) introduced a process that allowed uncontested cases not to go before the courts, making the majority of divorces much more straightforward procedurally. The Family Law Act ( 1996 ) set out irretrievable breakdown—so-called ‘no fault’ divorce...

Divorce

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A Concise Companion to the Jewish Religion

Reference type:
Subject Reference
Current Version:
2003
Subject:
Religion
Length:
640 words

... Jewish divorce procedures are based on the Rabbinic understanding of Deuteronomy (24: 1–2): ‘When a man hath taken a wife, and married her, and it come to pass that she find no favour in his eyes, because he hath found some uncleanness in her, then let him write her a bill of divorcement, and give it into her hand, and send her out of his house: And when she is departed out of his house, she may go and be another man's wife.’ In the Rabbinic scheme, the ‘bill of divorcement’ is a document, known as the get , in which it is stated that A hereby divorces...

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John Witte

The Oxford Dictionary of the Christian Church (4 ed.)

Reference type:
Subject Reference
Current Version:
2022
Subject:
Religion
Length:
427 words

...and English canon law prohibited divorcees from remarriage. Later state and Church laws gradually extended the grounds for divorce, now including irretrievable marital breakdown, and permitted but did not require C of E priests to solemnize marriages of divorcees. All other W. states and churches have also liberalized their laws of divorce and remarriage, but the Catholic Church worldwide still formally bars divorce and remarriage, and many Protestant Churches in the global south have retained hard fault regimes of divorce and limited rights to remarriage....

Divorce

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The Islamic World: Past and Present

Reference type:
Subject Reference
Current Version:
2022
Subject:
Religion
Length:
1,195 words

...in the event of divorce or death. In practice, many men bypassed the required waiting period by repeating the words “I divorce you” three times in rapid succession. Although it is considered sinful, this form of divorce is legal. Islamic law denies women the right to end a marriage by repudiation but does permit them to initiate two types of divorce. Khul divorce, also known as divorce through ransom, allows a woman to buy herself out of a marriage by paying her husband an agreed-upon sum of money or by returning the mahr. Tafriq divorce allows a wife to...

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A Dictionary of Law (10 ed.)

Reference type:
Subject Reference
Current Version:
2022
Subject:
Law
Length:
460 words

...Generally, the divorce order may not be made final until six weeks after the conditional order is made. The marriage is not terminated until the divorce order has been granted. A respondent can apply for a postponement of the divorce until the court is satisfied that the petitioner has made fair and reasonable financial provision for the respondent. Courts have wide powers under the Matrimonial Causes Act 1973 to make orders in respect of children and to adjust financial and property rights. See also child protection in divorce ; financial provision...

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