DIVORCE IN N.Z.

Gisborne Herald, Volume LXXIII, Issue 21964, 7 March 1946, Page 8

DIVORCE IN N.Z.

“SCANDALOUS EASE” “A WRONG GROUND” CHURCH URGED TO ACT (P.A.) DUNEDIN, March 6. In view of the ' scandalous ease” in which divorce can be obtained on the ground of failure to comply with an order for .the restitution of conjugal rights, the Dunedin presbytery is to ask .the general assembly’s public questions committee to consider recommending the assembly to urge ministers of the church to refuse to re-marry persons divorced on .this ground.

Moving to this effect, Professor Allan said the church had always been of opinion .that this was a wrong ground for divorce.

When the Chief Justice, Sir Michael Myers, was prepared to speak in such a straight-forward manner then it was time for the church to do something.

The assembly had declared its mind on many aspects of the matter, but had left the decision to .the individual minister. But where .the position was so scandalous ought not the church to draw .the line somewhere? he asked. The position was so serious and the law so lax that the church ought to take its stand.

The Rev. J McGregor said he had refused to marry people after divorce on these grounds, but there were, unfortunately, many other ministers who asked no questions. He felt that they let him down.

Other churches are to be asked to join in urging .the Government to amend the law.

Increasing numbers ar passing through .a wide gate in the divorce laws —a petition o.n the grounds of failure to comply with an order for the restitution of conjugal rights. The set of .the tide is shown by official figures. In 1933 77 ou.t of 683 decrees nisi were on petitions for the restitution of .conjugal rights. , Ten years after —the latest figures available—227 out of 1100 divorces were gained on the same grounds. That the intention of the law was being- circumvented was suggested by a leading Wellington barrister, who said he had more than once refused to act for a person who wanted a divorce as an outcome of such a petition because the parties were not genuine in their desire to live together again. He had found in some cases, however, that one of the parties had subsequently gone to another lawyer, presumably with the story that the other party was genuinely wanted to return, and .the divorce had been granted a month or two later. Children Affected

Related to the heavy increase in divorce figures are the number of children affected thereby, and numbering at the last official computation 2439. The majority of them became members of “broken homes” —a circumstance which a Wellington social worker said was not in the best interests of the children.

An official of .the Child Welfare Department said his office had not made any statistical comparison between divorce and the number of children coming within the scope of the department, but broken homes, whether due to dea.th, discord, divorce or other reasons certainly were a bad influence on child life.

In addition to the grounds already quoted, divorce may be granted under the following condensed heads: (a) Adultery, (b) Desertion for over three years, (c) Habitual drunkenness for four years, coupled with (wife’s petition) failure .to support or habitual cruelty, or with (husband's petition) neglect of domestic duties, (d) Seven years’ imprisonment for attempting to murder or doing actual bodily harm to petitioner or child, (e) Murder of child of petitioner or respondent. (f) Insanity for seven years out of .the 10 preceding the petition, (g) Parties who have separated by agreement or decree for three years, (r) Husband guilty of gross immorality since marriage.