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Matrimonial Causes Act 1857
The Matrimonial Causes Act 1857〔Matrimonial Causes Act 1857, 20 & 21 Vict., c. 85.〕 was an Act of the Parliament of the United Kingdom. The Act reformed the law on divorce, moving litigation from the jurisdiction of the ecclesiastical courts to the civil courts, establishing a model of marriage based on contract rather than sacrament and widening the availability of divorce beyond those who could afford to bring proceedings for annulment or to promote a private Bill. It was one of the Matrimonial Causes Acts 1857 to 1878.〔The Short Titles Act 1896, section 2(1) and Schedule 2〕
==Background==
Before the Act, divorce was governed by the ecclesiastical Court of Arches and the canon law of the Church of England. As such, it was not administered by the barristers who practised in the common law courts but by the "advocates" and "proctors" who practised civil law from Doctors' Commons, adding to the obscurity of the proceedings.〔Squibb (1977) ''pp'' 104–105〕 Divorce allowing remarriage was ''de facto'' restricted to the very wealthy, as it demanded either a complex annulment process or a private bill, either at great cost. The latter entailed sometimes lengthy debates about a couple's intimate marital relationship in public in the House of Commons.〔Getzler (2004)〕
A bill to create a civil court to regulate divorce and to allow it to proceed by ordinary civil litigation had been proposed by Lord Aberdeen's coalition but had made no progress. The procedure had largely been designed by Lord Chief Justice Lord Campbell. When Lord Palmerston came to power in 1855, the bill was relaunched. The bill was introduced in the House of Lords and supported by Archbishop of Canterbury John Bird Sumner and the usually conservative Henry Phillpotts, Bishop of Exeter.
The bill proved controversial, raising particular opposition from future Liberal Party leader William Ewart Gladstone, who saw it as an usurpation of the authority of the Church, and from Bishop of Oxford Samuel Wilberforce.〔 Palmerston eventually steered the bill through Parliament,〔 despite Gladstone's attempted filibuster.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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