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In Western countries with a long history of monogamous
traditions, marriage has been regarded as a permanent contract binding couples
until death. For many Christian churches, marriage is a sacrament that is
indissoluble, and breaking it off is considered to be against God's laws.
However, another large group of people sees marriage as a man-made contract
without any spiritual significance, and therefore, it can be broken whenever it
is convenient.
Due to these divergent views, divorce laws have never been clearly defined and
have fluctuated between being easy and difficult to obtain. In Roman law,
divorce was easy and could be obtained by either party's wish. However, in
medieval times, divorce was forbidden, and marriage could only be ended by
annulment. By the eighteenth century, the law had changed, and divorce could
only be obtained by an Act of Parliament.
Today, the divorce process is costly and lengthy, and obtaining a quick divorce
is not easy. Social and religious arguments against divorce suggest that an
easier divorce law can lead to a slack attitude towards marriage. Couples may
not try to mend their relationship and instead seek escape through the divorce
court, causing children to suffer. However, others argue that children are
better off with divorced parents who are not living in an unhappy home.
While statistics may be misleading, it is true that the divorce rate has risen
since divorce laws became less rigid. But it is important to remember that a
hundred years ago, many marriages ended in death that might have come before the
courts today, and women of those days could not seek divorce, enduring untold
misery. The ideal scenario would be for all marriages to be happy, but
unfortunately, this is not the case. Many people marry too young, and others are
incompatible. Therefore, the law in monogamous countries will have to be
relaxed.
It is crucial to strike a balance in the divorce laws. The Royal Commission on
Divorce believes that no law should be so harsh as to lead to disregard, nor so
lax as to lessen the sanctity of marriage. In a recent survey in Britain, over
95% of marriages stayed intact, meaning that only a small minority are involved.
Nevertheless, it is important to address the issue with the right-minded
attitude and find a way to evolve the laws for the betterment of individuals and
society as a whole. |
