’Unreasonable behaviour’ most common ground for divorce

What grounds do people give for wanting a divorce?  That question sits at the centre of a new Oxford University study which charts the changes in the main 'facts' that husbands and wives give for petitioning for divorce, since the Divorce Reform Act 1969 was implemented in 1971. The Act made the irretrievable breakdown of a marriage the sole ground for divorce, which can be established by 'proving' one or more 'facts' - though the 'fact' is not necessarily the cause of the breakdown. In addition to 'fault-based' facts, which imply blame: 'unreasonable behaviour', adultery and desertion, the Act introduced two new innovative, 'no-fault' separation facts; one of 2 years' separation with both parties agreeing to divorce, and the other of 5 years' separation without agreement. It was originally hoped that these 'no-fault' facts would account for most divorces, but, despite an initial uptake, this has not proven to be the case. Over time, people's use of the law for legally ending their unions has changed considerably, with the fault-based fact of 'unreasonable behaviour' most used in recent years, and desertion the least. John Haskey, an Associate Fellow of Demography in the Department of Social Policy and Intervention at Oxford, examined the available statistical data and some earlier demographic analyses on how current divorce legislation has been used in practice since the Act was introduced. His analysis finds that after 1971, the facts used most frequently to get a divorce were 'fault' based - 'unreasonable behaviour' for wives, and adultery for husbands.