‘Vindictiveness on Account of Colour’?: Race, Gender, and Class at the English Divorce Court, 1872–1939

Abstract

This article uses 116 divorce or separation cases involving people of color between 1872 and 1940 to interrogate the role of the state in adjudicating racially mixed marriages in Britain. These examples demonstrate the rising population of imperial subjects within the U.K., but also that marital cases could reverse in-migration, due to embarrassment and expense for all parties. In addition, gender and class factors limited the impact of race in the court. Men’s advantages in bringing cases overcame some racial prejudices, and rich men, whatever their color, could hire effective representation. Race only impacted divorce cases when women could play on stereotypes of violent men, or when men of color were co-respondents and thus broke up homes. Still, the number of undefended cases limited the influence of race in most divorce suits.