It was, moreover, with the greatest difficulty that Palmerston succeeded in carrying the reform of 1857. The friends of reform urged above all that the old law was unjust to poor people, and that among both rich and poor it had become increasingly common to marry again in an illegal way, so that in the eyes of the law thousands of people in England were living in bigamy. The new law of 1857 introduced a separate secular court for divorce causes, divorce was made legal, and the possibility of taking advantage of it was placed within the reach of others than the wealthiest. But the experience of fifty years has shown that divorce procedure is still altogether too costly for the poor, and entails an infinity of time and trouble. Furthermore, a number of revolting injustices remain. Thus, for instance, a wife cannot obtain legal divorce from her husband either because he is an habitual drunkard, or an incurable lunatic, or is imprisoned for life for some grave crime, or has abandoned his home and refused to contribute to the support of his wife and children! The most she can obtain under such circumstances is a judicial separation—which makes it possible for either party to enter into any illegitimate connection they please. A husband can obtain divorce from his wife if he can prove a single case of infidelity on her part; but the wife cannot obtain divorce from her husband even if he can be proved to be living in continual adultery. In order to get rid of him she must be able to prove that he has been guilty of cruelty towards her or has deserted her for a period of two years. The worst thing is that the greater offence is punished far more leniently than the less. A wife can get a judicial separation on account of her husband’s infidelity, but loses therewith the right of proceeding against him for divorce, and neither she nor her husband may marry again. But if the husband has also been guilty of cruelty to her, she obtains a divorce, and then both she and her husband are at liberty to remarry. The man who deceives his wife is not free to marry another; but if he both deceives her and beats her, he is divorced and may marry again! In general the opponents of the existing law declare that it contributes powerfully to the formation of illegitimate connections. THE END |