Law -- England; Poor -- England; Poor laws -- England; Working class -- England
No protest seems to be made by the Church against the go-as-you-please
divorce methods of to-day among the upper classes, but if divorce by
consent does not exist among the rich it shows great rectitude and
self-denial on their part. One often reads of a case like the following
one. Mrs. A. is neglected by her husband, who leaves her. She asks him to
return and he refuses. She files a petition for restitution of conjugal
rights. The Court makes a fourteen days' order on the undefended petition.
I wonder if such an order has ever been obeyed or was ever intended to be
obeyed. On receiving the order Mr. A. writes that he is not coming back,
but that he will be found staying at a certain hotel with another lady
under the style of Mr. and Mrs. A. Inquiries are made, and this proving
true a divorce petition is filed. This again is undefended and the decree
_nisi_ goes as of course.
It is conceivable that such a procedure might be used by two intelligent
persons who did not respect the laws of their country as a method of
divorcing each other by consent, but I have no doubt that the well-to-do
who constantly go through these forms are far too scrupulous in their
observance of the letter and spirit of our divorce law to be guilty of
anything that could be construed into collusion.
I do not think that in this country, except among wild and fanatical folk
and some of the fast set with whom we need not concern ourselves, there
is any demand for divorce by mutual consent. But, even if this were
enacted, it does not follow, as Montaigne has told us, that it would be
used. The idea that a more reasonable system of divorce will lead to a
wholesale system of divorces is an absurd folly, a bogey used by ignorant
but honest clericals to frighten good people who rather enjoy being scared
to death. The fat boys of sociology love to make their victims' flesh
creep, and when they speak of divorce reform constantly suggest that human
nature tends to immorality in matrimonial affairs. As a matter of fact
human beings naturally prefer marriage and married life where it is at all
a successful institution to divorce and divorced life. This is wonderfully
illustrated in Belgium where, as M. Henri Mesnil, the French avocat,
points out, divorce law "as provided for by the Code Napoleon has remained
in force down to the present day: in spite of the long predominance of the
Catholic party dissolution of marriage by mutual consent is still possible
in that country. I might say that although possible it is a very rare
thing. I think only one case of divorce by mutual consent will be found
amongst four hundred cases in Belgium."
Public-domain text, read in full here on John Shaqi.
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