ABSTRACT
Prior to the introduction of civil divorce by the MCA 1857, England, a decree of mensa et thoro, although it did not dissolve a marriage, was effectively the only legal remedy available to spouses, which was similar to a divorce for persons who wished to bring the marital relationship to an end. The option of a decree or declaration of nullity of marriage was of very restrictive application and the only other alternative, a divorce by a private act of parliament, was a statutory divorce reserved, in practice, for the wealthy and powerful. However with the passage of The MCA 1857, the civil divorce remedy, albeit on extremely restrictive grounds, was introduced and the mensa et thoro decree, replaced by the decree of judicial separation.
