The Green Bag
210
Lords asking for an absolute divorce.
These proceedings at last became merely a matter of form and several hundred of
“Acts
of
Divorce"
were
passed.
Naturally none but the very rich and determined could obtain relief from an intolerable matrimonial alliance, and,
on the ground of the adultery of the partner; or cruelty; or desertion without reasonable excuse for two or more years. Since 1895 it may also be obtained by the wife, but not by the husband, in cases of aggravated as sault; of serious assault for which the hus band has been fined $25 or imprisoned for two months;
desertion, persistent cruelty,
and willful neglect.
in consequence, morality reached a very low and disgraceful condition. W. H. Bishop, one of the most authoritative writers on the subject, says that during this period “second marriages without divorce, adultery, and illegitimate chil
dren were of every-day occurrence, while polygamy was winked at, though a felony on the statute books.” In 1857 an Act was passed governing divorce and separation which was thought to be quite revolutionary in character. Then by a subsequent Act of 1873-75, the jurisdiction in divorce
causes was transferred from the Eccle siastical Courts to a branch of the Civil Courts which was then created and known as “The Probate, Divorce, and
Admiralty Division of the High Court of Justice.” These Acts, with slight amendments, constitute the present law, the main provisions of which may
be summarized as follows :— 1. All jurisdiction in matrimonial matters is exercised by the Civil Court of Divorce. 2. The cause for divorce against a woman is adultery. The husband may claim pe cuniary damages against a corespondent for the loss of his wife. 3. The cause for divorce against a husband is adultery, coupled with cruelty or desertion for more than two years; bigamy and adul tery;
incestuous adultery, or rape, alone;
and unnatural offenses. The wife cannot claim pecuniary damages for the loss of her husband, but the Court may order the hus
band to pay maintenance. 4. The old ecclesiastical separation,
a
mensa et tho-r0, is abolished under that name; but a new remedy, of like effect, is introduced,
and is called “Judicial Separation." This may be obtained by either husband or wife
5. No divorce is granted where collusion between the parties is proven to have existed. 6. In case of divorce, alimony is provided for children; and power to vary settlements on the wife is given to the Court in the case of her ofiense. 7. No decree of divorce is to be made absolute till after six months from the deci— sion of the original case; during the passing of this time any person may give informa tion to the King's Proctor of collusion be tween the parties, or that material facts have not been brought before the Court; and the Proctor may, if he thinks advisable, oppose the decree absolute. 8. No remarriage is permitted to judicially separated persons, but they may resume cohabitation without any formalities. 9. Remarriage after divorce is permitted, but no clergyman of the United Church of England and Ireland is compelled to solem nize the marriage of divorced persons. 10. Nullity of marriage may be decreed for various prenuptial failings, omissions or commissions; e. g., consanguinity, or marriage of a minor without parent's consent. 11. Either husband or wife may sue for restitution of conjugal rights, if one has with drawn from the society of the other without sufficient reason. The Court can order the delinquent to return to live under the same roof; and in case of his refusal to comply with this decree, shall deem him to have been guilty of desertion without reasonable cause,
and a suit for judicial separation—but not for divorce—may thereupon be initiated forthwith, on this ground alone.
Numerous objections may be urged against this law, the principal of which
are : 1. It makes divorce a luxury which only the affluent may enjoy, as the ap proximate cost of obtaining a final decree is about $1,000.
The fact that
