The Enactment of the Matrimonial Causes Act 1857: The Campbell Commission and the Parliamentary Debates

Abstract

Rather surprisingly none of the existing accounts of the Matrimonial Causes Act 1857 considers the mechanics of reform which brought about the legislation in any great detail. Yet this subject as much as the final legislation merits attention in its own right. The nineteenth century in England was a significant period of law reform and the legislation provides a vivid illustration of the inner workings of the process. The passage of the Matrimonial Causes Act 1857 was not entirely smooth. The fact that it succeeded at all makes it an ideal case study in Victorian law reform. This article considers the pressures for divorce reform, the working of a Royal Commission, the debates in Parliament, and ultimately how reform was finally achieved through a series of compromises between those who wanted more radical change and defenders of the status quo.