NEW DIVORCE LAW.

New Zealand Herald, Volume LIX, Issue 18017, 16 February 1922, Page 8

NEW DIVORCE LAW.

OUTLINED BY JUDGE.

EFFECT OF AMENDMENTS. [gT TELEGRAPH- —OWN CORRESPONDENT.]

PALMERS TON Wednesday.

Reference to the rccent amendments to the Divorca Law was mad<s by His Honor Mr. Justice Reed in tbo course of his charge to the grand jury in the Supreme Court yesterday. He stated that he proposed mentioning the matter to the jury because it was likely to be some time before the amendments were published, the really vitaA alterations to the laiw having only been made in the dying stages of the recent session of Parliament. Continuing, His Honor said that in tho year 1920, the law was altered bv adding a further ground of divorce in the shape of (separation, either by the mutual consent of the parties, or by an order of the Court. Subsequently, however, it wm found in the administration of the law that it worked an injustice very often —in fact almost entirely—against the woman, because these orders that had been obtained were very often founded upon the cruelty or brutality of the husband. When the law came into force any man that had been separated in this way was entitled to go into Court and ask for a divorce. Thus a grave injustice was perpetuated against perfectly honest women. Consequently, added His Honor, the law was altered by which the Court was required to inquire who was the guilty party—if there was a guilty party at the time the separation took place—and further, the Court could not grant a divorce where separation had taken placo m favour of the guilty party, except by consent of the innocent party. This amendment to the law having already been outlined might be familiar to the jury, but there was another important amendment which unless generally known might be a souroe of some injury. Before explaining this alteration His Honor said that in the administration of the Divorce Law the first thing ths.t happened was the granting of a decree nisi, which was made absolute at the expiration, of generally three months. In the interval notice was sent to the AttorneyGeneral, and if he liked to intervene he might do so, but in the ordinary course of events the making of a decree absolute wm purely a formal matter. Coming to the main point, His Honor remarked : "This latest amendment prohibits the Registrar of the Supreme Court from granting a decree absolute, and all decrees absolute in respect of the 1920 amendment must be moved for upon notice in Court. That means th?t notioe has to be given to tho respondent to a decree nisi and the law enacts that upon this application for a decree absolute, the respondent may come into Court and then raise the question as to whether the person who obtained the decree nisi was cr was not the guilty party. I mention this because this legislation was cnacted only in the dying hours of the session ana because there is this danger, II the amendment is not fully known and de creee absolute are granted by a registrar on formal notice, those decrees may be invalid and innocent parties may contract M illegal marriage. It is unusual perhaps to mention these matters to a grand jurv, but I think it is the best time to publicly make an announcement.