Every modern State has wrestled with this problem, and for the most part
ineffectually. Where there is no divorce, as in England before 1857,[10]
or among the poorer classes who cannot afford divorce, irregular unions
and prostitution undoubtedly flourish. Where a compromise is introduced,
the permanence of marriage, and therefore of the home, becomes
correspondingly impaired, while there are left a number of unhappy cases
for which divorce is not allowed.[11] The English civil law is
particularly unhappy in its compromise. It is based on the Protestant
interpretation of the passage in St. Matthew already mentioned, namely
that divorce is permissible where adultery has occurred, and it goes on to
make it easier for the husband to sue for divorce when the wife has
committed adultery than for the wife to do so in the reverse
circumstances. Hence it places a premium on adultery, and exaggerates its
importance as regards other sins. It deliberately incites an unhappy wife
to commit adultery in order to obtain relief--she can usually evade the
vigilance of the King's Proctor--and it singles out adultery as a worse
sin than, let us say, cruelty or habitual drunkenness, for which divorce
is not at present obtainable. In fact it is difficult to find any logical
or moral defence for the English law as it stands.
Let us first see how far the popular critics of the Catholic doctrine of
indissoluble marriage are wrong. They regard marriage as simply a
contract, from which it follows that divorce should be obtained by mutual
consent, or even on the application of one of the parties. But this
ignores, among other things, one vital natural law. Marriage begets
parenthood, and between the parents of the same child there is a definite
and permanent relationship. No Act of Parliament can make men and women
cease to be the parents of their own children. Nor, even in childless
marriages, is the sense of permanence an artificial convention which can
be abolished by the decree of a court. The deeper the love, the more
permanent must its nature tend to be. Love is not a contract; it is a
spiritual bond.
It is impossible, I contend, to think of a normally healthy marriage
without realizing that both the man and woman naturally enter into it with
the assumption that it will be a permanent relationship. The possibility
of a family, the break-up of the maiden life--even the furnishing of a
home, is evidence of a strong probability in the minds of the parties that
the step which is being taken is something more than a temporary contract.
Indeed, the marriage is only temporary if unhappiness arises. Men and
women marry because they want to enter into as permanent a relationship as
possible; they enter into it because, as they say, they wish to "settle
down." The natural desire of man is that marriage should be permanent.
Public-domain text, read in full here on John Shaqi.
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