Article published on 17th May 2016
The History of Our Grounds for Divorce
In the English law, there is only one 'ground' for divorce - "irretrievable breakdown of a marriage" - but there are five 'facts' that can constitute this:
- Adultery
- Unreasonable behaviour
- Desertion
- Living apart for two years WITH the spouse's consent to divorce
- Living apart for five years WITHOUT the spouse's consent to divorce
The Royal Commission, and a Union of Suffragist Societies influenced these five 'facts'.
Before the five 'facts':
- The only way men could get out of a marriage was to prove adultery.
- Even harder for women, who had to prove adultery and additional offences (e.g. incest, sodomy, cruelty - which would become known as domestic violence)
A Royal Commission suggested broadening the grounds for divorce - nothing was done.
Over the following years, the support for broadening the grounds for divorce began to grow, slowly.
The biggest catalyst to public opinion, however, came in 1934 with the publication of the bestselling Holy Deadlock, a satirical novel by A. P. Herbert, which shed light on the inequalities and absurdities of divorce law at the time.
- Herbert took the vacant seat in the House of Commons, a year later.
- Drafted Private Member's Bill, which proposed that 'adultery' be joined by 'cruelty', 'desertion without cause' and 'incurable insanity'.
The Bill was largely ignored for two years.
The law has changed a little in the past eighty years. What was then 'desertion' has since been divided into three distinct facts, while ‘cruelty’ is now the broader ’unreasonable behaviour’. 'Incurable insanity’ was removed completely as mental health came to be better understood.
In conclusion, I found this article valid as it was written from a top legal firm in the Uk, that specialise in divorce and family matters.
(In the post above, I have noted my findings for further use, all information is from the link at the top of this page.)
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