No fault divorce

Apr 12, 2019 by

by Charles Moore, Spectator:

[…]  These divorce reforms seem to break new ground in our law, since they forbid any spouse to contest a divorce. To be married without your consent is forced marriage, and is a crime committed by the person doing the forcing. To be divorced without your consent, i.e. forced divorce, however, is now being promoted as the mark of a civilised society. Is this a moral advance? The non-consenting spouse (of either sex) will soon become like the woman in traditional Islamic divorce, who has no recourse when the man says ‘I divorce thee’ three times. Marriage thus becomes an unusual, even unique contract: you can break it without penalty. I am just old enough to remember when the previous reform of the divorce law was introduced 50 years ago. It was constantly sold (I recall Jeremy Thorpe doing this) as taking the fault concept, and therefore the sting, out of divorce. It did not succeed, of course — and nor will these reforms — because both ignore the way most human beings behave when love dies and money and/or children have to be allocated.

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