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12 - Divorce

from Part IV - The Unmaking of Marriage

Published online by Cambridge University Press:  04 June 2020

Maria Luddy
Affiliation:
University of Warwick
Mary O'Dowd
Affiliation:
Queen's University Belfast
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Summary

This chapter argues that the period is marked by creative legal solutions designed to undermine ecclesiastical control of marital dissolution.The civil courts had begun to consider marriage cases which in 1660 would have been deemed the business of the consistory courts.The canon law prohibition on remarriage after divorce was undermined by private parliamentary acts which dissolved marriages and permitted those involved to remarry.The increasing use of formal and informal private deeds of settlement in which spouses agreed to live apart also weakened strict adherence to church regulations.While these changes did not represent a complete secularisation of Irish marriage law and regulations, they do suggest that men and women were willing to be flexible in their interpretation of church guidelines, particularly when they were considering how to end a problematic union.According to canon law, which guided both the ecclesiastical and civil courts in determining marriage litigation, there were two types of divorce.The first, a vinculo matrimonii(i.e. from the chains of marriage) was, in effect, a judgment that the marriage was null and void because it had never existed in the first place.Far more common in the consistory court and its secular successor were applications for divorce a mensa et thoro or from ‘bed and board’.This was essentially a request for a judicial separation rather than a divorce.Unlike a vinculo matrimonii, a divorce a mensa et thoro did not permit either partner to remarry.

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Publisher: Cambridge University Press
Print publication year: 2020

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  • Divorce
  • Maria Luddy, University of Warwick, Mary O'Dowd, Queen's University Belfast
  • Book: Marriage in Ireland, 1660–1925
  • Online publication: 04 June 2020
  • Chapter DOI: https://doi.org/10.1017/9781108645164.013
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  • Divorce
  • Maria Luddy, University of Warwick, Mary O'Dowd, Queen's University Belfast
  • Book: Marriage in Ireland, 1660–1925
  • Online publication: 04 June 2020
  • Chapter DOI: https://doi.org/10.1017/9781108645164.013
Available formats
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To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Divorce
  • Maria Luddy, University of Warwick, Mary O'Dowd, Queen's University Belfast
  • Book: Marriage in Ireland, 1660–1925
  • Online publication: 04 June 2020
  • Chapter DOI: https://doi.org/10.1017/9781108645164.013
Available formats
×