England Courts, Changes in the 19th and 20th Centuries (National Institute)

1858 New Divorce and Probate Courts
In January 1858 two major courts were created:


 * Court of Divorce and Matrimonial Causes

Matrimonial jurisdiction was placed under a new court headed by the Lord Chancellor from 1 Jan 1858. Divorce was still only permissible on grounds of adultery, although a wife’s petition had to be linked to another offence by her husband such as cruelty, incest or rape. This double standard was not remedied until 1925. Since 1858 a divorce decree has been made by decree nisi, followed after six weeks or more, by a decree absolute at which time the marriage is ended.

Divorce cases were transferred to the Probate, Divorce and Admiralty Division of the High (Supreme) Court in 1873-1875. In 1937 grounds for divorce were extended to include cruelty and unsoundness of mind, and further changes were made in 1960s to include addiction to alcohol or drugs, and being guilty of an indictable offence.

The Matrimonial Causes Act of 1967 allowed undefended divorce cases to be heard in county courts. The Divorce Reform Act of 1969 permitted only one ground for an action, irretrievable breakdown, defined as unreasonable behaviour, adultery, two or more years of desertion, or five years separation.

In 1970 the old Probate, Divorce and Admiralty Division' of the High (Supreme) Court became the Principal Registry of the Family Division.

Further information on divorce in Britain is given by Wood (2001) and records are at TNA in J 77 as the Principal Probate Registry Divorce Files 1858-1957, indexed by names of parties and subject to a 30-year closure rule. An index from 1858-1903 is available for a fee at Findmypast, see review by Lawrence.


 * Court of Probate

From 11 Jan 1858 the Probate Act abolished most of the 365 ecclesiastical courts that had granted probate and letters of administration and dealt with other testamentary matters. The new Court of Probate was united with the High Court of Admiralty in 1863, and then with the Divorce Court in 1873-1875 as the Probate, Divorce and Admiralty Division of the High (Supreme) Court which in 1970 became the Principal Registry of the Family Division. Lawsuits were now handled by the Chancery Division of the High Court.

1873-1875 High Court of Justice
From 1873-1875 many courts were combined into the High Court of Justice (otherwise known as the Supreme Court orSupreme Court of Judicature) which has evolved into several divisions:


 * Admiralty
 * Chancery—see TNA research guide L28. On 6 April 1927 The Times (pg 5, issue 44549, col B) reported on the High Court of Justice, Chancery Division case of Duke of Westminster (landlord) v. Dashwood (lessee ) and Beaufort (sub-lessee) over the alleged nuisance of hooting of motor cars in Berkeley Square. Perhaps it scared the nightingales away
 * Divorce
 * Family and Children (adoption and custody)
 * Probate
 * Queen’s Bench Division (the former Queen’s Bench, Common Pleas and Exchequer)

There was also a separate Appeal Court which dealt with civil appeals only until 1966 when it merged with the Court of Criminal Appeal. From this time the Court of Appeal had two divisions, civil and criminal.

Watts and Watts (In the High Court of Justice. Genealogists’ Magazine Vol 20 #6, page 200-206) show how the procedure was similar, with pleadings, cause books, decrees and orders, affidavits, reports and certificates, petitions and depositions—in their case providing information on some 150 individuals in four generations of a pedigree.

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