Evening star., 1936-11-18
ENGLISH DIVORCE
LAWS EXPLAINED
Decree Nisi Either Made
Permanent or Rescinded
After Six Months.
BY Radio to The Star.

BY Radio to The Star.
LONDON, November IS (N.AN.A0
When Mrs. Ernest Simpson obtained
q decree nisi for divorce from her
husband on the grounds Of his mis-
conduct with q woman whose name
was not divulged during the hearing
of the case, there were people who re-
membered that, in England, divorce
is in two stages, usually with six
months intervening.
The decree nisi, which literally
means unless" signifies that the
divorce will be granted unless, in the
specified time, the judicial authori-
ties are given evidence that the de-
cree should be rescinded.
Divorce can be granted by an Eng
lish court for only one cause-namely
adultery. Desertion, incompatibility
cruelty, which are good causes for
divorce in other countries, are not
considered valid causes in England.
The English courts lay great stress
on the doctrine that the petitioner
must come into court with clean
hands. A husband cannot seek di-
vorce from an erring wife If he him
self has been guilty of matrimonial
offense. A wife cannot petition a
judge to dissolve her marriage If she
is living with another man. In GER
tain rare cases, a petitioner may ad-
nit his own misconduct, throw him
self on the mercy of the court and
ask for the courts discretion" but
the misconduct must have ceased
before the case comes up for hearing
Enters Probation Period.
Assuming that a decree nisi has
been granted, the successful petitioner
enters Q period of probation for six
months. During that period the
parties are still considered as married
IN law. and. If the petitioner commits
a matrimonial offense. such offense
may be reported to the court, with
the result that the decree nisi Is not
made absolute, but is rescinded.
1t Is the duty of a high judicial
oficer, called the Kings proctor, to
assist the court in dealing with the
probationary side of divorce admin
istration. The proctor is an official
whom no one ever sees. He never
appears in court, but the proctors' de-
partment, when occasion arises, briefs
counsel to appear before the divorce
judge, when a petition for making
absolute a decree nisi is to be pre-
sented, and say:
Milford, I appear for the Kings
proctor. I am instructed to object
TO the making of this decree absolute
I propose submitting evidence to your
lordship that the petitioner has been
guilty Of matrimonial offense, and
apply for the decree nisi to be
rescinded, with costs against the petit
toner"
It Is very rare indeed that the proc
tor loses his case, because every effort
Is made by his department to obtain
evidence which will completely satisfy
the judge. while cases in which doubt
exists are not touched.
Process Often Derided.
The whole process of operations oi
the Kings proctor often has been de-
rided. 1t has been said that rich folk
rarely, II ever, attract his attention
Their lawyers are too clever for that
Apart from the very many cases
where the petitioner for divorce is
perfectly honest, there also are a great
many others where undoubtedly collu-
sion between the spouses exists ano
one agrees to oblige the other by pro-
viding grounds for divorce. It is ther
that clever, expensive lawyers are
useful
Generally person to whom a de.
cree nisi has been granted goes away
and attracts as little attention as pos.
sible, then appears with snow-white
hands six months later to have the
decree made absolute.
The Kings proctor usually works
through much the same channels as
the police. Information received
is as useful to the proctor as to
Scotland Yard, and it is usually the
poorer classes that are hit by such
methods. People in decent society
In England would not think of giving
information to the proctor that would
lead to rescission of a decree. 1t
would be regarded almost as unpar-
donable as pleading the protection
of the gaming act to avoid payment
Of gambling debt.
Few DEGREES Rescinded.
The Simpson divorce case very GER
tainly will never become the subject
of an application by counsel briefed
by the Kings proctor.
The proctor himself rejoices in the
magnificent title of his majesty's pro-
curator general and solicitor to the
treasury and Kings proctor. The
gentleman who staggers under this
noble style is Sir Thomas Barnes
and, as mentioned earlier, no one
ever sees him.
The latest published figures Of di-
vorces in England and Wales are
for 1888, when 4,042 divorces were
granted, but no indication is given
of how many cases there were in
which the DEGREES we're rescinded. 1t
is generally believed, however, that
the proportion is not high.