Marriage, As It Was, As It Is, and As It Should Be: A Plea for ReformBesant, Annie
Philosophy
Marriage, As It Was, As It Is, and As It Should Be: A Plea for Reform
Besant, Annie
Marriage -- Great Britain; Marriage law -- Great Britain
These glaring reasons for granting a divorce will be admitted by
everyone who recognises the reasonableness of divorce at all, but there
will be more diversity of opinion as to the advisability of making
divorce far more easily attainable. The French Convention of 1792 set
an example that has been only too little followed; for the first time
in French history divorce was legalised in France. It was obtainable "on
the application of either party [to the marriage] alleging simply as a
cause, incompatibility of humour or character. The female children were
to be entirely confided to the care of the mother, as well as the males,
to the age of seven years, when the latter were again to be re-committed
to the superintendence of the father; provided only, that by mutual
agreement any other arrangement might take place with respect to the
disposal of the children; or arbitrators might be chosen by the nearest
of kin to determine on the subject. The parents were to contribute
equally to the maintenance of the children, in proportion to their
property, whether under the care of the father or mother. Family
arbitrators were to be chosen to direct with respect to the partition
of the property, or the alimentary pension to be allowed to the party
divorced. Neither of the parties could contract a new marriage for the
space of one year" ("Impartial History of the Late Revolution," vol.
ii., pp. 179, 180). This beneficial law was swept away, with many other
useful changes, when tyranny came back to France. At the present time
the only countries where divorce is easily obtainable are some of the
states of Germany and of America. It has been held in at least one
American state that proved incompatibility of temper was sufficient
ground for separation. And reasonably so; if two people enter into a
contract for their mutual comfort and advantage, and the contract issues
in mutual misery and loss, why should not the contract be dissolved?
It is urged that marriage would be dishonoured if divorce were easily
attainable; surely marriage is far more dishonoured by making it a chain
to tie together two people who have for each other neither affection nor
respect. For the sake of everyone concerned an unhappy marriage should
be easily dissoluble; the married couple would be the happier and the
better for the separation; their children--if they have any--would be
saved from the evil effect of continual family jars, and from the
loss of respect for their parents caused by the spectacle of constant
bickering; the household would be spared the evil example of the
quarrels of its heads; society would see less vice and fewer scandalous
divorce suits. In all cases of contract, save that of marriage, those
who make can, by mutual consent, unmake; why should those who make the
most important contract of all be deprived of the same right?
Public-domain text, read in full here on John Shaqi.
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