Book contents
- Irish Divorce
- Irish Divorce
- Copyright page
- Dedication
- Contents
- Figures
- Acknowledgements
- Introduction: The ‘Anatomy of a Divorce’
- 1 Divorce in Two Legislatures: Irish Divorce, 1701–1857
- 2 The Failings of the Law: The Cases of Talbot and Westmeath
- 3 A Non-Inclusive Reform: Ireland and the Divorce and Matrimonial Causes Act of 1857
- 4 Divorce in the Post-Reform Era of 1857–1922: ‘Like Diamonds, Gambling, and Picture-Fancying, a Luxury of the Rich’
- 5 The Widening Definition of Marital Cruelty
- 6 Divorce in Court, 1857–1922
- 7 ‘An Exotic in Very Ungenial Soil’: Divorce in the Northern Ireland Parliament, 1921–1939
- 8 With as ‘Little Provocation as Possible’: The Northern Ireland Move to Court
- 9 An ‘Unhappy Affair’: Divorce in Independent Ireland, 1922–1950
- 10 Marriage Law ‘in This Country Is an Absolute Shambles’: The Reform Agenda
- 11 A ‘Curiosity [and] … an Oddity’: Referenda in 1986 and 1995
- 12 The ‘Last Stretch of a Long Road’: The Family (Divorce) Law Act of 1996
- Conclusion
- Bibliography
- Index
8 - With as ‘Little Provocation as Possible’: The Northern Ireland Move to Court
Published online by Cambridge University Press: 16 January 2020
- Irish Divorce
- Irish Divorce
- Copyright page
- Dedication
- Contents
- Figures
- Acknowledgements
- Introduction: The ‘Anatomy of a Divorce’
- 1 Divorce in Two Legislatures: Irish Divorce, 1701–1857
- 2 The Failings of the Law: The Cases of Talbot and Westmeath
- 3 A Non-Inclusive Reform: Ireland and the Divorce and Matrimonial Causes Act of 1857
- 4 Divorce in the Post-Reform Era of 1857–1922: ‘Like Diamonds, Gambling, and Picture-Fancying, a Luxury of the Rich’
- 5 The Widening Definition of Marital Cruelty
- 6 Divorce in Court, 1857–1922
- 7 ‘An Exotic in Very Ungenial Soil’: Divorce in the Northern Ireland Parliament, 1921–1939
- 8 With as ‘Little Provocation as Possible’: The Northern Ireland Move to Court
- 9 An ‘Unhappy Affair’: Divorce in Independent Ireland, 1922–1950
- 10 Marriage Law ‘in This Country Is an Absolute Shambles’: The Reform Agenda
- 11 A ‘Curiosity [and] … an Oddity’: Referenda in 1986 and 1995
- 12 The ‘Last Stretch of a Long Road’: The Family (Divorce) Law Act of 1996
- Conclusion
- Bibliography
- Index
Summary
This chapter explores divorce law reform in Northern Ireland. The Northern Ireland government liaised with Westminster regarding the removal of divorce from parliament’s jurisdiction from 1931; however, Westminster’s passage of Herbert’s bill along with the reform which in 1937 added desertion of three years’ duration; presumption of a spouse’s death; cruelty, although still legislatively undefined; and incurable insanity as sole grounds for divorce revived the debate in regard to equity of divorce provison throughout the UK. Debates concerning the Matrimonial Causes Act (NI) of 1939 are explored alongside the impact of the reform which transferred divorce jurisdiction to the Northern Ireland High Court, reformed the grounds for divorce along English lines and ended the faltering criminal conversation action, replacing it with a statutory action for damages. The subsequent rise in divorce rates in Northern Ireland and later divore law reforms are explored as well as the continuing moral conservatism bolstering cross-party oppoition to ‘easy’ divorce.
Keywords
- Type
- Chapter
- Information
- Irish DivorceA History, pp. 147 - 170Publisher: Cambridge University PressPrint publication year: 2020