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In Northern Ireland, the parliamentary system of divorce, replete with the shortcomings of Westminster’s practice, was introduced as a stopgap measure in 1925. Inherent conservatism and the long-lived reluctance to debate an issue with the potential to deepen the religious divide meant that this system survived in Northern Ireland until 1939. This chapter profiles those who divorced in the Northern Ireland parliament in terms of gender, class, region and religion. It also highlights the continued significance of the Westropp precedent which, with Westminster’s passage of the 1923 Matrimonial Causes Act equalising the grounds for divorce in court, allowed divorce bills in the Northern Ireland parliament to be brought by women solely on the previously male preserve of spousal adultery. This also allowed men to bring bills on the grounds of aggravated adultery such as adultery and desertion. Attitudes regarding the moral issues encircling divorce are also explored as a backdrop to the slow process of moving Northern Irish divorce from parliament to court.
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.
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