Divorce a mensa et thoro was another type of divorce which, in actuallity, was really just a separation. It gained you a legal separation in the church courts. You did not have the right to remarry and a female petitioner had to prove adultery as well as life-threatening cruelty. This is a type of separation that the gentry might be interested, however, the social ramifications were largely prohibiting and the estranged wife could be faced with such penalties as losing her children to her husband, no legal rights whatsoever, loss of all personal property and real estate. And, if he chose to, the husband could drag the wife back to the house, a house she would have to ask his permission to leave.

This was a judicial proceeding, right? But am I right in assuming that a couple may enter into a "private" separation? I was reading The Gentleman's Daughter and Amanda Vickery cites a case where the wife was forced to sign a deed of separation that was very unfair to her, but that was all she could do about it because her husband was threathening to have her commited or transported and was practically starving her. Had her brother supported her (he didn't because of economic interests), could she have sued her husband at law? (or in equity?)

Cos