The Strand Magazine, Vol. 07, Issue 42, June, 1894: An Illustrated MonthlyVarious
General
The Strand Magazine, Vol. 07, Issue 42, June, 1894: An Illustrated Monthly
Various
English literature -- Periodicals; Short stories, English -- Periodicals
"The Divorce Court as we have it now has been in existence since 1857,
and in proportion to the population, the number of divorces has not
increased. I see a French legal writer of eminence has recently said
that the French had in five years after their Divorce Act as many
cases as we in thirty after ours. Even allowing for the difference
between the laws of the two countries, it is not unsatisfactory as
a comparison. Divorce in this country is a far easier thing than is
popularly supposed. If a man can prove he does not get a pound a week,
he is entitled to a divorce free, and there are always counsel who are
kind enough to conduct his case for him. If he does not get counsel,
the judge has often to pose as such, which is perhaps rather hard on
the judge. Only about 5 per cent. of the divorce cases come from the
upper classes--the remainder from the middle, lower, and frequently
the pauper classes. The public hear very little of them--they are
only interested in cases where the parties concerned are known and
the interests at stake are big. But, to my mind, every divorce case
in itself is sensational--be they rich or poor concerned--sensational
because it is so severely serious. A divorce court should be and is the
most serious of courts. If a person laughs, it is not so much the usher
who puts it down as the public in the gallery themselves!"
Sir Francis said that he frequently gets through twenty cases of
divorce a day, and sometimes sixty probate and divorce summonses and
motions. He knows the points of each case--more particularly in the
latter--they have been prepared for him by the registrar, and when a
counsel rises and starts what promises to be a long discussion, the
judge courteously stops him and requests him to argue the one main
point. A judge's work is very much misunderstood by the public. When
the Court rises at four, he frequently spends a couple of hours in
getting ready his notes for summing up, which may come at any time if a
case collapses. He must often spend the intervening days between Friday
and Monday in "looking into the case."
"And do you think the present divorce laws are satisfactory?" I asked.
"Yes," he replied, thoughtfully, "fairly so. Of course it is said that
men and women should be in exactly the same position, as is the case in
Scotland; but there is much to be said for our law. One matter does, I
think, require alteration. As the law stands, if a woman gets a divorce
from her husband and she is given the custody of the children, the man
need only keep them until they are sixteen. In many classes of society
children require to be educated and maintained till much later, and it
is frequently a great tax on the woman."
"And the Press--would you have divorce cases suppressed in the
newspapers?"
Public-domain text, read in full here on John Shaqi.
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