War Has Changed "Old Spanish Customs"

New Zealand Herald, Volume LXXIV, Issue 22819, 28 August 1937, Page 13 (Supplement)

War Has Changed "Old Spanish Customs"

MARRIAGE AND DIVORCE WHILE BATTLES RAGE

By FREDERICK GRIFFIN, Special Correspondent in Spain to the Toronto Star

ON a recent morning in Valencia, ;temporary capital of loyalist Spain and of the republican government, I saw a couple of marriages performed—without benefit of clergy. Yes, love blossoms and Spaniards marry in spite of rebellion and civil war. Even in Madrid marriage goes on. Not counting some 10 minutes spent by the .principals in an outer office signing necessary papers, one wedding took by the clcfck five minutes, the other six. They were cheery, casual ceremonies in a judge's room, no more imposing than signing up for a gas meter. * Yet dignified enough, solemn, if you will,' in terms of two youthful people pledging themselves ito live legally as man and wife, though .the only incense was. the smoke that curled from the cigarettes-of the judge, one bridegroom, one journalist and two or three onlookers. " . . . .Plain but Binding No ring, no wedding bells, no wedHing march, no priest, no benediction, no symbolism—just a plain but binding civil contract. ' Under the old regime in Spain there was no divorce—though dissolution of marriage might be achieved by papal permission; and marriage, an elaborate social ceremony, was a monopoly of the Church. Now, divorce may be obtained. by civil process for any one of 24 causes and the act of marriage has been made most simple. Indeed, under Urgent conditions such as existed in Madrid, the marriage knot might be tied; I understood, by a

Thus at a day's notice soldier Gamborino was able to wed—instead of having to submit to the usual two weeks' notice through the publication of banns, a necessity in every marriage of ordinary civilians. A clerk explained a basic change in the marriage law which gave equality to the wife. This was article 56 of the civil code whereby the men and women were obliged to live together, guard their fidelity and help each other. A clause of the old law which emphasised the subordination" of the wife and obliged her to obey and follow her husband's lead had been cut out. A Simple Ceremony v And so the simple marriage proceeded. Judge . Fito said to the young soldier, " You insist on proceeding with your proposal to marry Maria Llorens Olmos?" " Si, senor," the boy replied. " And you," said the judge, turning to the girl, ■" you insist also?" " Si, senor," and she giggled a little. "Then," said the judge removing his cigarette, " since all the documents are here and you are decided to get married, in the name of the law I declare you married." It was as simple as that, except for the signing and witnessing of the register. This completed, the couple stepped down from the dais grinning and submitted to their friends' happy embraces. ■ f i «• . No Need for Ring Shortly a somewhat older couple with just two witnesses, the man a worker in his work clothes, the girl of a peasant type, mounted the dais and completed stolidly the same short ceremony.

The only fees for marriage, he said, were for stamps, about 10 pesetas' worth, say 7s 6d on a gold basis. The former payments, sometimes heavy, to officials and clergy had been done away with. 1 wanted to learn about divorce under the Popular Front government and he turned me over to a law officer, Tomas Garcia, who explained the reforms established by the republic. I gathered that there had been no change made in law or practice in regard to divorco since the rebellion broke out. I gathered that divorco was no "snap " process, but that proofs, etc., first decided on by the lower courts, had often to bo sent to the higher courts. This was in case of mutual desire for divorco, which was one of the 14 causes now established by law.

It was necessary first, he said, to give notice in writing of a mutual desire for divorce. Three days later the judge called each party in separately, investigated the reasons and complaints and disco\*ered the ground on which they sought dissolution. Divorce Decisions ' This was not given at once. No, indeed. Six months had to elapse; then the judge again demanded if they sought to separate. Then he could, if he wished, send them to a higher court for final decision.

But no—Tomas Garcia amended, this was now changed, just 14 days before, by a new law of the minister of justice, Garcia Olivar. Now it was not necessary to wait six months; it was decreed that a wait of 30 days was long enough in such cases. -This was in cases of divorce sought by mutual consent. It was also the

military commander or a ranking political- official, and - one day in the Telephone Building 'skyscraper such a ceremony was performed, the ; commandant joining a militiaman and his telephone-girl bride in the bonds of matrimony. / Bride of 20 .But what I saw in Valencia was the ®ore orthodox republican form of marriage as established by law and practice. The first pair wed by popular Justice Jose Fito were Jose Gamborino Llorons, Bged 22, of Valencia, a miliciano .(soldier) and ftlaria Llorens Olmos, *ged 20; The groom, a slim fellow wearing a waterproof jacket and a military cap, in with a dark, liatless girl with * fed flower in her hair and wearing a long, wliito dress. With them came - cr three giggling girls, two or co grinning bo.vs and three or four Solemn older people. Ihe bride and groom took seats hethe judge's desk on the dais. Tho Broom kept liis bat on, until someone "jggested ho remove' it, which he did *ith a trace of arrogance. The judge imself was not_ concerned in its removal. .. Ordinary or Special This marriage, Judge Fito had preously explained, was an extraordinary ne, since there were, it appeared, both rdinary and extraordinary ones. " Exraordinary " meant that a miliciano J B , ein £ harried under a special rule r the moment which required only his _°cument of a soldier to permit initiate marriage, instead of various ocuipents m regard to birth, health a the like required of civilians. ri at T O A » C ?, ndi^ 0n - pf tbis kind of mar-, the JUdgo oX P lain ed, " is that Prob M r u m " St Within a fow months, tig _ war is over, produce regular documents."

In some- cases, the. judge said afterwards, a ring was given; actually it was not necessary. " They don't worry about it new,*' lie said, " because tho law - makes an effective marriage/' Sometimes, •he said, the married ones exchanged rings at home. Yes, he said, there were sometimes grander marriages' than 'those I had seen.' Marriages might be made more solemn, if the participants desired. Indeed, the judge might, and often did, speak a little lay sermon on tho marital responsibilities.

same in cases which presented a justifiable reason. The young anarchist minister of justice had decreed that in ,no case must tho process take more than 30 days. Reform of the Law Thirteen grounds for divorce, in addition to tho aforementioned mutual consent cause, were established by a reform of tho law, not since the military rebellion and civil war began, but by tho newly established Republic of Spain on March 2, 1932. " Before tho republic," said Tomas Garcia, " only the infidelity of a wife was recognised—a man could do no wrong. Now both are recognised as capable of such. Before the republic, when a wife was unfaithful a man could cleanso his honour with blood, by shooting, and it was appktided. That was the only way under tho monarchy." " There was no divorce in Spain then?" Simple Process " No," said Tomas Garcia, " but it was possible for rich and well-born men to get a dissolution of marriage. Under the monarchy many got such papal dispensations, but it was rarely given to anyone but aristocrats and nobles." i " Tho common . people ■ could not break off a marriage, however unhappy?" " Tho poor people, never! They never thought of applying to the tribunal of tho Rota Romana in Seville, that was the delegate of the Pope in Spain, which gavo permission to havo a marriage dissolved. No poor people ever wont there. It was only tho rich man." " And now anyone may come to the courts of tlio republic to have a marriage dissolved by civil process on any of tho 14 counts mentioned?" " Tho process is very simple and the fees are low." • ; .

By way of showing me how a marriage, if desired, could bo given a higher social,.tone, he took me upstairs to a couple of rooms of the College of the. Laws—for this was Valencia's Osgood© Hall —where such marriage might bo performed. One was the sal a a' actos, or salon of the law society; the other was the salon of administration. • Dignified Salon The first salon, was a beautiful little room with a red tiled floor, red leather chairs, an ancient ceiling and old mottoes of law and justice in a freize around tho walls. Here was as dignified and chasto a place as the heart of man and woman might desire. Only tho setting was- changed, for tho ceremony 'was the, same in essentials as below. Yes, said tho judge, flowers might bo brought for decoration if the participants desired. "How many people,-' I asked, "desire the more dignified marriage?" " Possibly 10 per cent," replied the popular justice, " prefer this ostentation.. It depends on the money people have. The richer people like to get-mar-ried up in this hall. The very modest pieople are satisfied with tho ceremony in the office below. It makes no difference—they are all married tlie same." ' • „