The Cost of Divorce

Getting Married
by George Bernard Shaw

(Page 9 of 9)

If a family is not achieving the purposes of a family it should be dissolved just as a marriage should when it, too, is not achieving the purposes of marriage. The notion that there is or ever can be anything magical and inviolable in the legal relations of domesticity, and the curious confusion of ideas which makes some of our bishops imagine that in the phrase "Whom God hath joined," the word God means the district registrar or the Reverend John Smith or William Jones, must be got rid of. Means of breaking up undesirable families are as necessary to the preservation of the family as means of dissolving undesirable marriages are to the preservation of marriage. If our domestic laws are kept so inhuman that they at last provoke a furious general insurrection against them as they already provoke many private ones, we shall in a very literal sense empty the baby out with the bath by abolishing an institution which needs nothing more than a little obvious and easy rationalizing to make it not only harmless but comfortable, honorable, and useful.

But please do not imagine that the evils of indissoluble marriage can be cured by divorce laws administered on our present plan. The very cheapest undefended divorce, even when conducted by a solicitor for its own sake and that of humanity, costs at least 30 pounds out-of-pocket expenses. To a client on business terms it costs about three times as much. Until divorce is as cheap as marriage, marriage will remain indissoluble for all except the handful of people to whom 100 pounds is a procurable sum. For the enormous majority of us there is no difference in this respect between a hundred and a quadrillion. Divorce is the one thing you may not sue for in forma pauperis.

Let me, then, recommend as follows:

1. Make divorce as easy, as cheap, and as private as marriage.

2. Grant divorce at the request of either party, whether the other consents or not; and admit no other ground than the request, which should be made without stating any reasons.

3. Confine the power of dissolving marriage for misconduct to the State acting on the petition of the king's proctor or other suitable functionary, who may, however, be moved by either party to intervene in ordinary request cases, not to prevent the divorce taking place, but to enforce alimony if it be refused and the case is one which needs it.

4. Make it impossible for marriage to be used as a punishment as it is at present. Send the husband and wife to penal servitude if you disapprove of their conduct and want to punish them; but do not send them back to perpetual wedlock.

5. If, on the other hand, you think a couple perfectly innocent and well conducted, do not condemn them also to perpetual wedlock against their wills, thereby making the treatment of what you consider innocence on both sides the same as the treatment of what you consider guilt on both sides.

6. Place the work of a wife and mother on the same footing as other work: that is, on the footing of labor worthy of its hire; and provide for unemployment in it exactly as for unemployment in shipbuilding or an other recognized bread-winning trade.

7. And take and deal with all the consequences of these acts of justice instead of letting yourself be frightened out of reason and good sense by fear of consequences. We must finally adapt our institutions to human nature. In the long run our present plan of trying to force human nature into a mould of existing abuses, superstitions, and corrupt interests, produces the explosive forces that wreck civilization.

8. Never forget that if you leave your law to judges and your religion to bishops, you will presently find yourself without either law or religion. If you doubt this, ask any decent judge or bishop. Do NOT ask somebody who does not know what a judge is, or what a bishop is, or what the law is, or what religion is. In other words, do not ask your newspaper. Journalists are too poorly paid in this country to know anything that is fit for publication.

Conclusions

To sum up, we have to depend on the solution of the problem of unemployment, probably on the principles laid down in the Minority Report of the Royal Commission on the Poor Law, to make the sexual relations between men and women decent and honorable by making women economically independent of men, and (in the younger son section of the upper classes) men economically independent of women. We also have to bring ourselves into line with the rest of Protestant civilization by providing means for dissolving all unhappy, improper, and inconvenient marriages. And, as it is our cautious custom to lag behind the rest of the world to see how their experiments in reform turn out before venturing ourselves, and then take advantage of their experience to get ahead of them, we should recognize that the ancient system of specifying grounds for divorce, such as adultery, cruelty, drunkenness, felony, insanity, vagrancy, neglect to provide for wife and children, desertion, public defamation, violent temper, religious heterodoxy, contagious disease, outrages, indignities, personal abuse, "mental anguish," conduct rendering life burdensome and so forth (all these are examples from some code actually in force at present), is a mistake, because the only effect of compelling people to plead and prove misconduct is that cases are manufactured and clean linen purposely smirched and washed in public, to the great distress and disgrace of innocent children and relatives, whilst the grounds have at the same time to be made so general that any sort of human conduct may be brought within them by a little special pleading and a little mental reservation on the part of witnesses examined on oath. When it conies to "conduct rendering life burdensome," it is clear that no marriage is any longer indissoluble; and the sensible thing to do then is to grant divorce whenever it is desired, without asking why.

About the Author

George Bernard Shaw (born 26 July 1856, Dublin, Ireland died November 2, 1950, Hertfordshire, England) was an Irish writer. Famed as a playwright, he wrote more than sixty plays. He was uniquely honoured by being awarded both a Nobel Prize (1925) for his contribution to literature and an Oscar (1938) for Pygmalion. He was a strong advocate for socialism and women's rights, a vegetarian and teetotaller, and a harsh critic of formal education. Shaw died in 1950 at the age of 94.