DIVORCE PROCEDURE

Chronicle (Levin), 7 February 1947, Page 3

DIVORCE PROCEDURE

COMMITTEE URGES REFORMS IN BRITAIN LONDON, Fcb. 5. The tinui report of the eommittce ou reforms in divoree proeedure, over which. Mr. .lustiee Denning presided, has been issued as a White Paper. It reconuiiends ihe establishmenl of a marriage weifare serviec spousored by the State, but not a State institution, to afford help and guidanec both in preparation for marriage and iu difficultios after ■ xnaffiage; also the appointment of Court weifare officers to give advice and guidance to those resorting to the Divorce Court, particularly with a view to reconciliation. Tlie commitlee reeommends that the foriH of marriage in registry offices shouid be revised, so as to emphasise the solemnity of the occasion and cloarly express the; i'undamental princijile of marriage. On children affected by divorce, the contmittee reconuuended that Court weifare officers shouid represent the children 's interests before the Court. Dealing with aliinony and inaintcnancc, the cpnimiijtoe recommended: ( 1) That the dec.i^Ipn shouid normally ;bc made by the Judge at the hearing of the suit or- immediatoly after; (2; that Magistratcs shouid have powcr to inake interim orders for. maintenancc up to the time of the issue of the order; (3) that the maximum payment permitted shouid be iucreased; (4) that variatioiis of settl'ements shouid iiormally be made by the dudge vvlio trles the diVorcfc-suit}' (5)'.the powers of the Court regarding the variation of settlemeut needed legislative aniplitication. IJnder the heading of further procedural reforms, the committee recommended: — 1. Tlie abolition of the rulc, as a result of the lindings in the historie case brouglil iu 1924 by Hon. John Hugo Eusscl (now Lord Aiuptliill), iu vvliich the House of Lords laid down that neither a husband nor a wife might be allowed to give evidence in matriinonial cases tendiug to show that he aticl she did not have inarital intercourse, if sueli evidence would tend to illegitimatise a child priina facie bo'rn in wedlock. 2. Repeal of tlie section of the Judicature Act, 1925, whereby no party or witness in proceedings on the grounrl of'adultery need be asked or answer a question sliowiug guilt of adultery. 3. Findings against a person shouid be admissible as evidence against him iu subsequent proceedings. 4. The Court 's jurisdietion shouid be extended to include certain cases where the parties are not domiciled in England. 5. Decrces shouid be registered and also noted on the marriage register. 0. The decree nisi shouid not bc abolished. 7. The form of proeedure in respect of security for a wife's costs shouli.l be altered. Although it recommended the non abolition of the decree nisi, beeause legitiniate criticism had been removeil by the reduction to six weeks of the period before the decree .was made absolute, the conunittee nevertlieless recommended a reduction to three weeks of the six months' waiting period which is required if the petitioner does not apply at the end of six weeks.