TA的每日心情 | 慵懒 2020-7-26 05:11 |
---|
签到天数: 1017 天 [LV.10]大乘
|
本帖最后由 Dracula 于 2011-9-28 00:22 编辑 ( C2 R3 A5 V5 J5 ^0 W \/ U
一瞬无尽 发表于 2011-9-27 20:58 2 q+ i+ V9 h3 \8 C3 \0 P9 ~
当年看简爱,觉得罗彻斯特真虚伪,非让人家当小三,离了不就行了么
# {$ e; c0 ]% i O困扰了我很长时间,后来才想到敢情当年 ...
, y2 y( l7 _2 ?' n! T& E: @1 }$ @6 y
这是我在Guardian网站上找到的英国离婚法律演化时间3 x# R0 Z! n7 Q1 \# M
/ D3 m; J0 F7 [2 v" j• The 1857 Matrimonial Causes Act allowed ordinary people to divorce. Before then, divorce was largely open only to men, and had to be granted by an Act of Parliament, which was hugely expensive, and therefore was also open only to the rich. (Long before then, of course, Henry VIII was granted a divorce by the Archbishop of Canterbury, and church courts retained the power to dissolve marriages.)7 r$ L7 q# S& }2 F
D4 o/ d0 f k! K' M1 A
Under the new law, women divorcing on the grounds of adultery not only had to prove their husbands had been unfaithful but also had to prove additional faults, which included cruelty, rape and incest.
# U9 @$ x1 w1 r: r$ k9 Q, R; ^# k* L* W3 E. J! X: S
• A private members' bill in 1923 made it easier for women to petition for divorce for adultery, but it still had to be proved.+ T# a& d, R' u- i1 s! q: h
1 l- Q/ L# a% |( u5 l
In 1937, the law was changed and divorce was allowed on other grounds including drunkenness, insanity and desertion.
; j6 A* A2 s& s+ ?
! K6 i: _" |& M) ]/ @& rThe big change came in 1969, when the Divorce Reform Act was passed, allowing couples to divorce after they had been separated for two years (or five years if only one of them wanted a divorce). A marriage could be ended if it had irretrievably broken down, and neither partner no longer had to prove "fault".
: L% P$ c2 }) l4 d6 q2 ?$ r8 |3 e. Q5 B. R Q5 }
• However, divorces continued to favour men, with the award and maintenance for the less-wealthy spouse – usually the woman – being calculated based on needs, until the White v White case in 1996. Martin White and his wife Pamela had run a farming business, worth about £4.5m during their 33-year marriage. At first Pamela White was awarded £800,000, but she took the case to the court of appeal, then the House of Lords in 2000, and was finally awarded £1.5m.7 f, c0 J+ r: ]
. g! Q" R. ~8 } L8 B1 J1 ^% \' ZIt was a landmark case because it was decided the assets should be split more fairly, and recognised the contribution of a "homemaker"., T( K3 O1 s- Z5 W9 o2 s; s
3 n% x& c% V# |3 U
简爱写于1847年,因此罗切斯特不可能离婚。1857年后,也不可能离婚,因为他的妻子没有过错,没有通奸。他的情况得到1937年以后才能离婚。
" d6 o" A: F' V7 _" y2 y* ^1 G2 R, r) {
文学史上有名的例子还有George Eliot和George Lewes。George Lewes的妻子和别人发生关系,并且生了4个孩子。但是由于Lewes认几个孩子是自己的,出生证明上写的是他的名字,按照1857年的法律,他放任通奸发生,无权要求离婚。因此George Eliot和他只能同居,无法结婚。两人在一起有20多年,一直到他去世。9 E8 _: X- I& s2 B! ?- j1 `
* x8 z. |. `3 V- S
|
|