The term adultery has been defined within Dennis v Dennis[2]as being ‘a voluntary act of sexual intercourse between the husband or wife and a third party of the opposite sex.’ The statutory definition is within s1 (2)(a) of the MCA 1973. Alongside, Livingstone-Stallard v Livingstone-Stallard[7] where the courts granted a divorce on the basis of criticism and rudeness. Men could divorce women on the basis of adultery, but women were required to prove that their male partners had undertaken adultery and additional offences, such as incest, sodomy, cruelty (roughly equivalent to domestic violence) and other possible reasons. google_ad_width = 728; Previously adultery was the only ground upon which divorce could be granted, but after Herbert's Act unlawful desertion for two years or more…, The Spectacle of Divorce Law in Evelyn Waugh's A Handful of Dust and A. P. Herbert's Holy Deadlock, An ‘Unhappy Affair’: Divorce in Independent Ireland, 1922–1950, The Evolution of Marriage and Relationship Recognition in Western Jurisdictions, By clicking accept or continuing to use the site, you agree to the terms outlined in our. After two fruitless years in which Herbert's private member's bill languished in the ballot box, he sought the assistance of the Conservative Party MP for Evesham, Rupert de la Bère. For example, a husband could solely rely on his wife’s adultery, where as a wife could only rely on her husband’s adultery if there were aggravating circumstances alongside the adultery. The Law Commission stated within Report 192[10] that they are still dissatisfied with the current law surrounding divorce. His best-selling novel Holy Deadlock (1934) may have galvanised public opinion on the issue. They have stated the current law as being ‘confusing and misleading’[11], as well as being ‘discriminatory and unjust[12]’ and that ‘it provokes unnecessary hostility and bitterness’[13] alongside that ‘it does nothing to save the marriage’[14] or that ‘it can make things worse for the children’[15]. We also have a number of samples, each written to a specific grade, to illustrate the work delivered by our academic services. Until the Matrimonial Causes Act 1857, the law of divorce in England and Wales was governed by Ecclesiastical law and was under the jurisdiction of the Church Courts. In 1912, a Royal Commission had recommended further liberalisation, and the feminist-allied National Union of Societies for Equal Citizenship promoted a more equitable treatment of divorce law which made it easier for women to seek divorce when it considered the matter in 1923. The Act extended the grounds for divorce and represented a significant move away from the doctrine of the matrimonial offence. The Act extended the grounds for divorce and represented a significant move away from the doctrine of the matrimonial offence. google_ad_client = "pub-2707004110972434"; Do you have a 2:1 degree or higher? VAT Registration No: 842417633. 1959 - Street Offences Act Stricter control on street prostitution . The Physical Object Pagination viii, 92 p. Number of pages 92 ID Numbers Open Library OL17254346M Lists containing this Book. Disclaimer: This work was produced by one of our expert legal writers, as a learning aid to help you with your studies. A discussion paper on the ground for divorce’ accessed 13th February 2016, Law Commission Report 192 (1990) ‘Family law – the grounds for divorce’ accessed 18, Lord Chancellors Department (20010 ‘The Lord Chancellors Department – departmental report’   accessed 18. However, there are numerous defences available to the spouse who wishes against the divorce, one is encapsulated within the MCA 1973 s.5. United Kingdom, Parliament of the United Kingdom, Church of England, Canon law, Common law, Isle of Man, India, Canada, European Union, British Overseas Territories, Canada, Parliament of the United Kingdom, Kingdom of England, Kingdom of Scotland, Kingdom of Great Britain, United Kingdom, Nobel Peace Prize, World War I, 1935 in the United Kingdom, 1936 in the United Kingdom,