COST OF DIVORCE SHOULD BE CUT

Rotorua Morning Post, Issue 5311, 25 January 1947, Page 7

COST OF DIVORCE SHOULD BE CUT

COMIWITTE'E'S FINDINGS ABOLISHMENT OF 27 LEGAL STEPS RECOMMENiDED. londotn' Abolition of 27 steps in. the legal procedure, and the appointment of coumty court judges as commissioners for matrimonial. cases are recommended by the Denning Committe, which has been examining the divorce problem. Some county court judges have already been appointed to deal with divorce cases. Urging the reform of procedure to reduce costs and time, the committee not only s-uggests abolishing 27 of the legal steps, but wants a change in a number of others. The committee is still hearing evidence on the question of reeonciliation. It states, however, that any means for affecting reeonciliation must function separately from judicial procedure. The committee does not recommend the abolition of the decree nisi in this report. This recommendation — which is expected — is apparently being held over until the final report. Divorce costs are "much too high," says the committee. An undefended divorce costs £70 or more. The abolition is advocated of affiidavits and searches, which are considered costly • and unnecessary. ( • Counsel's fees, it is suggested, could also be reduced. Solicitor's charges could also 'be cut by reducing the amount of work they have to do. The court fee of £4 10s, on setting down afr undefended ease for trial, should •be reduced to £2. On jurisdiction, the committee states that the trial of divorce cases, as part of the existing assize system, is a failure. The King's Bench judges have not had time for this additional work, and there have been many complaints of chaotic and indecorous conditions. "At the summer assizes at one town no fewer than 320 cases, including 20 defended cases (not merely discretion cases) were heard in six and a half days," it is stated, and the scenes outside the courts were described as more reminiscent of Epsom Dojwns than a court pf justice." Reeommending that the county court judges (whose work will shortly -be reduced by the end of workmen's com•pensation cases) should undertake divorce work, the committee estimates that the 57 county court judges could dispose. of 28,500 matrimonial cases a . year. "We are of opinlon that all county court judges should' be appointed commissioners, and dovetail the divorce work with their county court work, rendering one another assistance _ in case of need. "It would be possible for two county court judges in the London area to sit by rotation in the .High Court throughout the year." Among the 27 steps in procedure, which the Committee recommends should be a'bolished, are nine different affidavits, applications for leave to intervene, to amend petition hefore service, to apply for maintenance after one month from decree absolute, or to vary order for payment, medical inspection where petitioner's own doctors have already held one, and the pronounceent of the decree absolute in open court. Facilities which the committee recommends should. be permitted are: Service by registered post (where a signed acknowledgment of service is received), service in lunacy cases on the official solicitor, as guardian ad litem, if he consents to act, entrance of all - appearances (and filing of answers) by post, and the fixing of days for the hearing of undefended cases and, if practicable, for defended cases.