Author Topic: Divorce petition formats in the 1890s  (Read 157 times)

Offline queencorgi1

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Divorce petition formats in the 1890s
« on: Monday 22 November 21 14:36 GMT (UK) »
I have two divorce files from the 1890s in which the wife is the petitioner. In one case the husband was accused of abusive behaviour and desertion, in the other of desertion (she didn't even know where he was). In both cases the wife applied not using the term 'divorce' but for the 'restitution of conjugal rights' even though it is clear that was the last thing they actually wanted.
I presume this is a standard format because in neither case had the husband actually committed adultery, which I understand (from other threads on RootsChat) was the only grounds for a divorce at the time? But in each case the petition is 'granted' because the husband had not 'restored conjugal rights' without any defence (that I can see) submitted by the errant husband. Does this mean, though, that the wives were actually divorced, or only separated? I can't see the word 'divorce' being used, just that the petition is approved and costs are awarded against the husbands. Just puzzled where this left them legally! Also, if anyone has any idea how much it would have cost to apply to the divorce court in this way, I'd love to know. Both these women were middle-class.
Condick; Bull (Herefordshire only); Layard; Wilmot; Southgate; Fowlie (Singapore branch); Usher (Dundrum); Kelley (Lancashire);

Online mckha489

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Re: Divorce petition formats in the 1890s
« Reply #1 on: Monday 22 November 21 17:38 GMT (UK) »
1897 divorce I have, the husband was ordered to pay the petitionerís costs of £50 16s 5d


But another (the same man!) from 1869 doesnít have any obvious clues as to the cost)
Side tracked to a friendís very interesting Norfolk families. MORGAN, PRATT, HORNOR, SUCKLING, GLEANE etc. And in London DOWNES, du CROZ, MORGAN (same MORGANs as the Norwich lot)

Offline queencorgi1

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Re: Divorce petition formats in the 1890s
« Reply #2 on: Monday 22 November 21 17:53 GMT (UK) »
That's a lot of money! Thank you.
Condick; Bull (Herefordshire only); Layard; Wilmot; Southgate; Fowlie (Singapore branch); Usher (Dundrum); Kelley (Lancashire);