ABSTRACT
The ground for divorce and the five facts Theoretically, there is only one ground for divorce – irretrievable breakdown of the marriage: s 1(1), MCA 1973. 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 evidencing that irretrievable breakdown which are specified in s 1(2)(a)–(e). Thus, both practitioners and clients tend to 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.
