In the Victorian era, divorce grew to become more popular and used. Many divorces where caused by adultery, however, only a woman’s unfaithfulness was grounds for divorce, while men could get away with being unfaithful (Wagner, Tamara). An Act of Parliament in 1839 allowed women claim to their children, previously they had no claim to them (Custody Rights). In 1873, Parliament past the Infant Custody Act of 1873, which allowed Chancery to deem any parent who was worthy custody of children in divorce, however, it later became customary for the courts to grant the mother custody of the children in 1886.
The topic of divorce in the novel is alluded to in the relationship between Lady Dedlock and Sir Leicester. Sir Leicester is informed of Lady Dedlock’s adultery and motherhood of Esther. This would give him grounds to divorce her, he, however, does not and proves himself to be a good man.
“Custody Rights.” UK Parliament, www.parliament.uk/about/living-heritage/transformingsociety/private-liv….
Wagner, Tamara S. “Wives and Fathers: Fatherhood and Divorce Laws in the Victorian Novel.” The Victorian Web, National University of Singapore/ University of Cambridge, 16 Nov. 2002, www.victorianweb.org/authors/collins/tsw1.html.