Divorce

The time is fast approaching when it will be necessary for the general
citizen to form definite opinions upon proposals for probably quite
extensive alterations of our present divorce laws, arising out of the
recommendations of the recent Royal Commission on the subject. It may
not be out of place, therefore, to run through some of the chief points
that are likely to be raised, and to set out the main considerations
affecting these issues.

Divorce is not one of those things that stand alone, and neither divorce
law nor the general principles of divorce are to be discussed without a
reference to antecedent arrangements. Divorce is a sequel to marriage,
and a change in the divorce law is essentially a change in the marriage
law. There was a time in this country when our marriage was a
practically divorceless bond, soluble only under extraordinary
circumstances by people in situations of exceptional advantage for doing
so. Now it is a bond under conditions, and in the event of the adultery
of the wife, or of the adultery plus cruelty or plus desertion of the
husband, and of one or two other rarer and more dreadful offences, it
can be broken at the instance of the aggrieved party. A change in the
divorce law is a change in the dissolution clauses, so to speak, of the
contract for the marriage partnership. It is a change in the marriage
law.

A great number of people object to divorce under any circumstances
whatever. This is the case with the orthodox Catholic and with the
orthodox Positivist. And many religious and orthodox people carry their
assertion of the indissolubility of marriage to the grave; they demand
that the widow or widower shall remain unmarried, faithful to the vows
made at the altar until death comes to the release of the lonely
survivor also. Re-marriage is regarded by such people as a posthumous
bigamy. There is certainly a very strong and logical case to be made out
for a marriage bond that is indissoluble even by death. It banishes
step-parents from the world. It confers a dignity of tragic
inevitability upon the association of husband and wife, and makes a love
approach the gravest, most momentous thing in life. It banishes for ever
any dream of escape from the presence and service of either party, or of
any separation from the children of the union. It affords no alternative
to "making the best of it" for either husband or wife; they have taken a
step as irrevocable as suicide. And some logical minds would even go
further, and have no law as between the members of a family, no rights,
no private property within that limit. The family would be the social
unit and the father its public representative, and though the law might
intervene if he murdered or ill-used wife or