However, nothing was done at that time to broaden grounds for divorce from adultery alone, to include permanent desertion of one's partner and family, and incurable and severe mental illness.

A. P. Herbert (1890–1971) had previously been a lawyer and non-fiction author who specialised in legal matters, before he focused his attention on the question of divorce law reform.

When a vacancy occurred in the House of Commons upon the resignation of the Conservative Sir Charles Oman, Herbert was elected as an Independent MP for the Oxford University constituency in November 1935.

After two fruitless years in which Herbert's private member's bill languished in the ballot box, he sought the assistance of the Conservative Party MP for Evesham, Rupert de la Bère.

The House of Lords proved compliant, and even liberalised the bill, shortening the time for desertion to two years, apart from instances of "hardship" and "depravity".