Divorce Laws

Sun (Auckland), Volume IV, Issue 1076, 13 September 1930, Page 10

Divorce Laws

NEW ZEALAND’S POSITION “Marriage Reduced to Contract” r! 1 E divorce laws at present existing* in New Zealand are referred to by Professor 11. M. Algie- in liis comment on Dean Inge’s recent statement on marriage. The Dean, in his new book on Christian ethics, suggested marriages of two kinds, one a limited contract to be recognised by the State, and the other a marriage for life, to be recogn i sed I>y the Dhurcfi.

Several opinions of the Dean’s suggestion appeared in yesterday’s Sun. “I have read with very great interest the reference to the opinions of Dean Inge on the question as to wliat should constitute the proper basis of marriage,” said Professor Algie. “There must be very many who would share with me the view that the Dean is one of the really great thinkers of our day, and who can fairly assume that his conclusions would be founded upon a sound knowledge of his fellow*men and upon a very careful consideration of their problems. “WOULD BE FOLLY . . “It would be folly therefore to attempt to dismiss in a few sentences the considered opinions of such a man, or to condemn then merely because one felt some slight misgivings as to the result which would follow if his plans were given effect to. “So fast does the world move nowadays and so easily do we change those

institutions which a few years ago had relatively all the appearances of permanence that one would not be greatly surprised if within a comparatively few years the relation of marriage had become nothing more than a mere contract, to be cancelled at the will and pleasure of the parties. “In point of fact, our divorce laws in New Zealand have at the present time reduced marriage practically to the level of an ordinary contract. “The dissolution of the marriage bond

. is now a surprisingly simple matter, j Husband and wife may, by the mere j act of separation by mutual agree- | ment, obtain, after a specified but 1 brief period, a complete release from their matrimonial obligations, and j if this procedure should appear to them I to be too tardy, they can avail themI selves of the simple and somewhat I’ farcical process of restitution of conjugal rights. In other words any matrimonial problem can now be solved with the aid of a little patience, ; a good lawyer, and an order of a I court of competent jurisdiction. PUBLICITY OF COURT ‘‘To what, then, can he ascribed tho continuance of marriage as a permanent union? An outstanding factor is fortunately the strong influence of church teaching. There is, too, a deeply-rooted and conservative feeling that we should respect and stand by a status which we have voluntarily assumed. Some of us also are unwilling to face the publicity involved in the court proceedings which are a necessary part of our present divorce By stem. “Finally, but we hope not least, there is a real sense of obligation toward our children. r suppose that in the course of ray duty I must have listened to hundreds of divorce cases and I have very frequently felt that it is the children who will ultimately suffer most, when the divorce is granted. It is obvious that family life must in the end suffer if the purely contractual side of marriage should ever completely dominate over the ethical and religious aspects and the weakening of family ties must react to the detriment of the community as a whole. “I know that, there are many cases where the continuance of a true state 1 of marriage is no longer possible, but j I do not think we should allow these I cases to be the means of forcing us to choose a path of least resistance • or of mere compromise and to adopt a system wherein the ideas of restraint and responsibility would sooner 1 or later play so insignificant a part. “It seems to me that we have far j too much to lose by the undue weakI ening of the marriage tie and very j much to gain by the development of i a deeper respect for its ethical and religious basis.” Professor Algie remarked that he i looked forward very much to reading I Dean Inge’s book when it reached | New Zealand.