The Matrimonial Causes Act 1937: A Lesson in the Art of Compromise

Abstract

The Matrimonial Causes Act 1937 represents a watershed in divorce law reform. Often called Herbert's Act after the Independent MP who promoted the Bill, it was based upon the recommendations of the Royal Commission of 1912. The Act extended the grounds for divorce and represented a significant move away from the doctrine of the matrimonial offence. Previously adultery was the only ground upon which divorce could be granted, but after Herbert's Act unlawful desertion for two years or more, cruelty, and incurable insanity all became grounds. The acceptance of the latter meant that, for the first time, divorce was permitted when neither party was at fault. This important piece of legislation, which formed the basis of the current divorce law, did not reach the statute book without its share of problems and pressures for its promoter Alan Herbert. There had been many failed attempts to enact all or some of the Royal Commission recommendations of 1912, but it was not until Herbert took up the issue in 1936 that success was finally achieved.