Marriage - and the law !

The Liberal Party's Tony Abbott is suggesting that a more conservative approach could return to dissolving a failed marriage.

At present, separating couples can end a marriage on a " no fault " basis after just a twelve month separation.

Abbott is suggesting that those intending to marry should have the choice of subjecting their vows to either the present " no fault " regime, or to a return of the old " Matrimonial Clauses Act " in which a " guilty party " had to be identified - and punished !

Under that act the only reasons for dissolving a marriage were " Adultery, desertion, cruelty, habitual drunkenness, imprisonment, insanity - or a five year separation ".

Those with long memories would shudder at the rorts that passed through the courts prior to Lionel Murphy introducing " No Fault " divorce way back in 1975.

That was the era of " Peeping Tom " enquiry agents taking photographs through bedroom windows, people being paid to lie under oath and elaborate set-ups to brand the innocent as the guilty party. It was a cocktail of sleaze and deceit !

To return to that era would be a trap for the naive who have profound faith in their " love " and insist it will last forever. They would find themselves trapped in an oppressive legal system that insists on identifying a guilty party, and then proceeds to crucify the villain by way of the property settlement.

We have come a long way from the days when the churches imposed draconian and unrealistic moral laws that sought to identify and punish sinners. An era when an unmarried woman having a baby was such an abomination that no degree of cruelty was too much in tearing the child from the mother and consigning it to an orphanage - where in many cases it was abused by those same God fearing critics !

At a time when marriage itself is waning as an option by many people, this is certainly not the time to return to the dark ages.

What is next on the agenda ? A return to the " six O'clock swill with early closing time " ? No sport, cinemas or entertainment on Sundays ?