A ‘grave miscarriage of justice’: marriage and divorce in Jewish immigrant families in England, 1870-1940

This essay analyses disputed marriages/divorces involving Jewish immigrants to England between 1870 and 1940. English courts came to contradictory decisions in these cases due to the difference between religiously-based systems in Eastern Europe and Britain's secular, centralised approach. The result was split decisions. In civil courts, magistrates upheld religious marriages by awarding maintenance to wives, but the same evidence proved insufficient in the criminal courts to convict for bigamy. Unfortunately, whatever the outcome, these cases fed into anti-alienist rhetoric at the turn of the twentieth century, associating 'alien' Jewish immigrants with wife desertion, criminal behaviour, and even polygamy.