Q&As

Is it possible to rely on two facts under section 1(2) of the Matrimonial Causes Act 1973 (adultery and unreasonable behaviour) to prove the irretrievable breakdown of the marriage?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on: 02 May 2018
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At present the law of England and Wales requires fault for a marriage to be Dissolved. Section 1 of the Matrimonial Causes Act 1973 (MCA 1973) requires that The petitioner demonstrate to the satisfaction of the court that the marriage has irretrievably broken down. MCA 1973, s 1(2) sets out the five facts which, if one or more is proved, will establish this. These are:

  1. •

    Adultery such that the petitioner finds it intolerable to live with the respondent

  2. •

    Unreasonable behaviour

  3. •

    desertion

  4. •

    two years’ separation with consent, or

  5. •

    five years’ separation

MCA 1973, s 1(2) specifically provides that the marriage has irretrievably

Chris Bryden
Chris Bryden

Barrister, 4 King’s Bench Walk

Chris was called to the Bar in 2003 and since that time has built a busy practice across a range of areas, with an emphasis on Chancery practice. He enjoys a well-deserved reputation for his knowledge and expertise in each area. He appears regularly in the County Court, Family Court and the High Court as well as various specialist Tribunals, and has been involved in cases up to and including the Supreme Court. He regularly is instructed at Appellate level. He has extensive and wide-ranging experience particularly in the areas of wills, probate and inheritance disputes; property including adverse possession, boundary disputes and issues arising out of trusts of land; company and commercial work and financial remedies. Chris is head of the Family Group and head of the Property Team at 4KBW.

Chris is the author of numerous articles in publications such as the New Law Journal, Counsel and Family Law, amongst many other titles, and is the co-author of Social Media in the Workplace: A Handbook (2015, Jordan Publishing).

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Adultery definition
What does Adultery mean?

Extramarital sexual relations that in a legal context may be one of the 'facts' on which a petition for divorce is based.

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