Saturday, 25 March 2017

Judges tell woman she can't have a divorce

A UK court has told a woman she can't have a divorce because, apparently, she should expect unhappiness.  In Britain the grounds for divorce are: adultery, desertion, unreasonable behaviour, five years of separation or the agreement of both parties.

This makes absolutely no sense.  If someone has decided that their marriage is over then surely it is and there's no sense at all in a state forcing it to continue.

What's worse is that the partner seeking the divorce might need to rely on the assets of the marriage in order to live.  Ruling, therefore, that unhappiness is not grounds for divorce does nothing but condemn the unhappy partner to continued misery and/or financial difficulty.

It's a fact, of course, that the law is the law and courts don't - and shouldn't have - the power to change laws in the progress of a particular case.  But then, look at the ruling:
It is plain from his judgement that Judge Tolson was unimpressed by the wife's petition. He variously described it as "hopeless", "anodyne", and "scraping the barrel". He said it "lacked beef because there was none". He said the allegations are "at best flimsy".
He said "In reality I find that the allegations of alleged unreasonable behaviour in this petition - all of them - are at best flimsy. I would not have found unreasonable behaviour on the wife's pleaded case. As it is, having heard both parties give evidence, I am satisfied that the wife has exaggerated the context and seriousness of the allegations to a significant extent.  They are all at most minor altercations of a kind to be expected in a marriage. Some are not even that."
Wow.  Bitch should know her place, I guess.  Tolson isn't done, though:
I will not overburden this judgement by setting out the pleaded allegations in full. This, the wife's best case, skillfully argued by leading counsel, proceeds by emphasising what he submits is her increased sensitivity to the husband's old-school controlling behaviour. [...] Having seen him, I hope the husband will forgive me for describing him as somewhat old-school. I can also find the wife to be more sensitive than most wives. It matters not.
He... wants the husband's forgiveness for calling him old-school and not the wife's forgiveness for condemning her to a life of misery?  He's arbitrarily decided that she's "more sensitive than other wives"?  What if she were? Wouldn't that mean that she'd be even more miserable?  Wouldn't the husband's behaviour be even more unreasonable if the wife were especially 'sensitive', whatever that is supposed to mean?

The law is entirely arse-about-tit.  Promises are only meaningful if they are not enforced by law, especially if those laws are plainly biased because, you know, old white rich male judges.  This case is an example of such a judge deciding what's reasonable in a relationship and what isn't.  His contempt for the wife in this case is evident.  His support for the husband is obvious.  He wants to punish the wife for complaining and reward the husband for being a cock.

Let's get rid of the idea that some fault is required to dissolve a marriage.  If one partner wants to end a marriage, let it be so.  Let marriage be the contract it so plainly is: a sharing of assets which need to be properly distributed when the marriage ends.  A set of shared responsibilities which have to be properly untangled when one or more partner decides to end the contract.

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