Abstract

This thesis provides an in-depth examination of the process of separation of bed and board in Montreal between 1866 and 1916 based on 121 cases from the Superior Court of Quebec for the Montreal Judicial District. Women were the overwhelming majority of the plaintiffs who filed, most frequently on the grounds of their husband’s abuse, alcoholism, and failure to provide. Even though the 1866 Civil Code of Lower Canada deemed married women as legally incapacitated figures, they were allowed to request separation of bed and board. However, they had to overcome many obstacles to do so, which reveals the tensions of structure and agency at the core of my analysis. Separation of bed and board also acted as a way for individuals to protect their individual and/or family honour, which reveals the emotional aspect behind proceeding with a formal trial. I will also analyze the minority of cases initiated by men in order to compare and contrast how separation varied according to gender. Overall, a thorough examination of these cases and relevant secondary source literature reveals that the definition of the family and the critical place it held in Quebec’s society were changing throughout the time period under observation. This took the form of a shift towards a more individualistic understanding of marriage centered around notions of love and companionship under the growing influence of liberalism.