ABSTRACT
Theoretically, there is only one ground for divorce-irretrievable breakdown of the marriage (Matrimonial Causes Act (MCA) 1973, s 1(1)). As this is the sole ground, it is technically incorrect to speak of ‘the grounds’ for divorce. However, in order to prove the ground in s 1(1) it is necessary to prove one (or more) of the five facts which evidence that irretrievable breakdown. These are specified in s 1(2)(a)-(e). Thus, while academics usually appreciate the distinction, both practitioners and clients often speak of ‘the grounds for divorce’ by which they mean the s 1(1) ‘ground’ of irretrievable breakdown and the fact or facts by which the technical ground will be proved. It should be noted that ‘Facts’ in this sense are often written with a capital F to distinguish them from the factual scenario of the case, and are referred to as Facts A-E to correspond with the five facts detailed in s 1(2)(a)-(e).
