(Note: the link to the original page "Women and the Law" is dead and I can't recover the source thru Google, but thanks to whomever put all this together!)
Here is a rundown by year of the most
important laws passed in England to try to help out the situation of all
women, especially working and middle class. Just imagine what life
would have been like before these laws were passed. We read all the
time about women who complain about being helpless. How often is
that claim believed? Women were practically helpless and almost completely
dependent upon either family or husband in the eyes of the law. Unless
a girl became a wealthy widow or stayed a pitied spinster she had no chance
of being independent. But as you will soon see, the road to change
is a rough and repetitive one.
1839- The Infant Custody Act is passed. It states
that any woman who can enter a suit and prove herself innocent of adultery
may have
custody of children under seven years of age and periodic visitation with
those under the age of consent
(sixteen). Of course most women weren't independently wealthy so
they couldn't enter a suit and the act
also kept justly, or unjustly, charged adulteresses away from their children
with no similar provision
towards unfaithful husbands.
1857- The Married Women's Property Bill (two versions)
One version of this bill declared that marriage laws needed a serious
overhaul, that married women should have the same property rights as single
women, and that
women should have speedy access to the courts to gain protection for their
property. But this
version dropped out of sight. The other version didn't change the
court system at all but did
propose letting women control their own property after marriage, allowing
them to dispose of it
according to their will, and to apply the same inheritance rules to a deceased
woman's
belongings as to a man's. This bill was approved on its second reading
but dropped due to the passing
of the Divorce Act the same year.
1857- The Matrimonial Causes Act- The Divorce Act, as
it was called, gave courts the decision on who to award custody to.
This
meant that women who had been found guilty of adultery could gain custody
of their children if the courts
thought that was what would be best. But for this to occur a lady's
husband had to be found guilty of
adultery coupled with incest, bigamy, or cruelty.
1859- The Matrimonial Causes Act Amendment Act- This change
allowed the courts to change the custody status of minors if they
believed it was in the best interest of the children to do so.
1868- Married Women's Property Bill- This bill was very
similar to the second version of the one in 1857 although an integrated
committee of men and women designed it. It passed by a tie-breaking
vote but it then went under
review and Parliament changed its makeup before it could be made law so
the bill disappeared.
1869- Married Women's Property Bill- Still not ready to
give up the bill of the previous year came back to be voted on again.
After
much deliberation it was passed with a few amendments. But the timing
was wrong again. There wasn't
enough time left in the session to pass it so the bill went to languish
more.
1870- Married Women's Property Bill- No this one isn't
the same. This was another version of the same idea but wouldn't
give
married women the same rights as single ones. This bill went up against
the older bill and the older bill
had the staying power, finally making out into the House of Lords.
1870- The Married Women's Property Act- The House of Lords
tore the bill apart but came out with a version that they agreed upon
and endorsed. Finally the bill was made law.
1872- Married Women's Property Bill- This bill wanted
to amend parts of the act that people thought were still unjust.
It was only read
once before it was dropped.
1873- Married Women's Property Bill- This particular bill
was designed to defeat the bill of the previous year which had been brought
back but neither one made it.
1873- The Infant Custody Act- This changed the law to
let women petition for custody of children over the age of seven in extreme
cases. But poor women with no money for a suit still didn't have
a chance.
1877- Married Women's Property Bill- Introduced only in
Scotland, this bill wanted to separate a wife's income and property entirely
from her husband's, thus being a bit more radical than the provisions in
the English bills.
1878- Married Women's Property Bill- It was meant to be
an amendment to the Married Women's Property Act of 1870 but was
withdrawn from the agenda.
1880- Married Women's Property Bill- This was an attempt
to assimilate English and Scottish law by introducing the Scottish bill
in
England.
1881- Married Women's Property Bill- Last year's bill re-introduced. This time it becomes the Married Women's Property Act of 1882.
1882- Married Women's Property Act- Finally women have the same rights as men in regards to property and private income.
1886- Infant Custody Act- Though the planners wanted this
bill to guarantee coequal rights for both parents they had to make do with
the assurance that widows wouldn't lose their children, though they could
have a co-guardian forced upon
them through the deceased spouse's wishes.
(Adapted from "Women and the Law", source no longer available online)