A GLIMPSE INTO THE PAST
Historical Context
The practice of wife selling in England emerged during the 17th century and continued into the early 20th century. The reasons behind this unusual custom are complex and rooted in a combination of legal, economic, and social factors. The divorce process was expensive and lengthy, often inaccessible to the lower classes. Wife selling offered a more straightforward, albeit controversial, solution. As a standard method of divorce among the lower class, it was seen by those who practised it as a way to legitimize the end of marriage publicly. In contrast, the middle and upper classes considered it morally offensive and subject to criminal punishment.
Notable Accounts
The records of wife sales are varied, with some well-documented cases providing poignant insights. One famous account involves Joseph Thompson, who sold his wife Mary in 1828 for 20 shillings and a Newfoundland dog. These transactions were often conducted publicly, sometimes at local markets, and included a symbolic transfer of ownership, such as the giving of a halter or rope.
THE LEGAL QUANDARY
Examination of Legality
Contrary to popular belief, wife selling was never formally legalized by English law. It was a customary practice that existed in a legal grey area. The lack of a formal divorce process for the lower classes led to this alternative arrangement.
In the 18th century, formal divorcing required a private Act of Parliament, essentially an exception to Britain’s stringent divorce laws. This process was both costly and time-consuming, leading to the practice of wife-selling as a form of unofficial divorce. Although not technically legal, the public nature of these transactions lent them a degree of legitimacy in the eyes of many.
The courts and authorities generally turned a blind eye, perhaps acknowledging the lack of viable alternatives for the poor.
Role of the Church and Community
The church and community played intriguing roles in these transactions. While the church officially condemned the practice, local clergy occasionally participated in the ceremonies, likely to ensure some semblance of order. Community acceptance varied, with some viewing wife selling as scandalous, while others saw it as a pragmatic solution to marital woes.
THE IMPACT ON WOMEN
Experiences of Women
The women involved in these sales had varied experiences. Some viewed it as an opportunity to escape abusive or unhappy marriages. Others were treated as mere property, with little say in the matter. The emotional and psychological impact on women ranged widely, depending on the circumstances of each case.
Social and Economic Implications
For the men, wife selling could relieve financial burdens, as maintaining a wife was an economic responsibility. For women, the social implications were significant. They risked becoming outcasts or facing public shame. However, in some instances, women found new partners and improved their situations.
WIFE SELLING IN POPULAR CULTURE
Depictions in Literature and Media
Wife selling has been depicted in literature and media, often sensationalized for dramatic effect. Thomas Hardy’s novel “The Mayor of Casterbridge” famously features a wife sale, highlighting the moral complexities and human emotions involved. Modern media continues to explore this practice, reflecting ongoing fascination and repulsion.
THE DECLINE AND MODERN PERSPECTIVES
Reasons for Decline
Several factors contributed to the decline of wife selling. Legal reforms in the 19th and early 20th centuries made divorce more accessible, reducing the need for such practices. Additionally, changing social attitudes towards marriage and women’s rights was crucial in its disappearance.
Modern Views
Today, wife selling is viewed with horror and disbelief, a stark reminder of past gender inequalities and legal inadequacies. It is a historical lesson on the importance of accessible legal options and social support systems for marital issues.
PROCEDURE FOR DIVORCE THEN AND NOW
The practice of wife selling in England offers a unique historical perspective on marriage, gender roles, and legal systems. While it may seem outlandish today, it underscores the lengths people will go to resolve personal conflicts within the constraints of their time.
While the idea of selling spouses might have a certain bizarre appeal in a sitcom plotline, in reality, it’s a concept best left to the annals of history. However, amidst the humour, it does highlight the importance of straightforward divorce procedures to ensure fairness and clarity for all involved. Let’s focus instead on legal services that offer the proper mechanisms for divorce and property settlement.
While we cannot assist our clients with selling their spouses, we would be honoured to help you navidate the Australian divorce process. We are here to provide comprehensive support and guidance through every step of the divorce process, ensuring your interests are protected, and your needs are met during this challenging time. We will:
- provide you with the advice on legal aspects of separation, property settlement, parenting orders and will answer any questions you may have;
- will negotiate the best possible outcome that would work for your children and yourself;
- work on terms of an agreement to formalise the achieved compromise between you and the other party;
- file for Consent Orders; or
- represent you in Federal Circuit and Family Court proceedings if there is no agreement.
For more information on property settlement, parenting orders and divorce please contact us on info@consortfamilylaw.com or call (02) 8003 3013.
