In Charlotte Bront’s Jane Eyre, Edward Rochester is legally unable to dissolve his marriage to Bertha Mason due to the constraints of 19th-century English law. Divorce was exceedingly difficult and expensive to obtain, requiring an Act of Parliament. This legal hurdle was primarily accessible to the wealthy elite, and even then, proof of adultery on the wife’s part, or a combination of other serious offenses on the husband’s part, was necessary. Simply wishing to end a marriage due to incompatibility or a wife’s mental illness, as was the case with Bertha, was insufficient grounds.
The near impossibility of obtaining a divorce for someone in Rochester’s social standing, who was not exceptionally wealthy or politically connected, highlights the restrictive nature of marriage laws during the Victorian era. It underscores the limited agency afforded to individuals trapped in unhappy or unsuitable unions. Furthermore, the legal system heavily favored men, making it even more challenging for women to initiate or successfully navigate divorce proceedings. The absence of legal recourse significantly shaped the characters’ actions and the overall narrative arc of the novel.
