A DIVORCE PROBLEM

Evening Post, Volume CXII, Issue 14, 16 July 1931, Page 19

A DIVORCE PROBLEM

Ihe -opinion that unnecessarily harsh fetters aro sometimes shackled to a man desirous of contracting a second marriage because of tho failuro of bis liist was expressed by an Auckland solicitor when commenting on the problem of maintenance arrears. Those- in touch with this piobltiu in the Courts claim, that there has recently been, a disconcerting increase in the number of men who, in defiance of maintenance obligations tqwaid a divorced wife, contiact'u second marriage, and then claim iti ability to keep two homes going. When summoned for arrears of maintenance such defaulters usually retort with an application for tho variation of tho ordur. "There is frequently auothor side to such cases," said the solicitor. "Often when difficulties ai-ise between husband and wife tho parties enter into a separation agreement, made in tho presenco of a solicitor. Such agree ments usually provide that the husband shall pay his wife maintenance during her life, but that payments shall'cease if the wqmaii re-marries'should the existing maxriago be dissolved. Usually cmd of the parties, or possibly both, has in contemplation a divorce on _ the grounds of mutual soparation for three years. A working man finds, when he contemplates seeking a divoice, that he has entered into a contract to pay. his wife maintenance, and that such maintenance will hot cease on a decree absolute boing granted. As he is probably in'receipt'of, say, £4' a:week, it nieahs he can nevey hope to l'e-marry. The earning capacity of his former wife does .not, in practice, ail'eet the right of maintenance payments, and thus she can obtain an order in the Supreme Court, enforceable--, by '• attachment, which means the man can be arrested for non-payment, even, although the woman may be earning sufficient to keep herself. Tho object of divorce after three years' separation is surely to enable the coiiple to seek a normal married life in another alliance. Making it financially impossible fov a man to do so means that the object aimed at by the statute is impossible of achievement." ' ' ' ■'. •