Sir - Under a rather inappropriate caption "Open Sesame", The Irish Times (February 18th to 19th) informed us that our new divorce laws now lie in the hands of the courts for interpretation. The introduction of such law does not imply a general acceptance of it. A law which seeks to dissolve, retrospectively a lifelong contract against the wishes of one spouse is inherently unjust. Nor can it ever be right to allow some parents to sacrifice their children in pursuit of self fulfilment.
The challenge for the courts now is to minimise the inherent injustices. There is scope for the judiciary to refuse to grant divorce decrees on the constitutional grounds that such provision as the court considers proper has not or cannot be made for abandoned spouses or children.
How can proper provision ever be made for the injustice and overwhelming distress of being divorced against one's will? How can children be adequately compensated for a court declaration that their parents are divorced, despite the opposition of the children to that action? Surely a court cannot create a circumstance whereby a lone parent's allowance and the instruction to go out and get a job" is regarded as proper financial provision for a spouse (and children)?
Divorce cannot be accepted as a personal entitlement overriding legal, social and financial commitments already entered into. The feminisation of poverty elsewhere, and the growing number of young offenders appearing daily before our courts, should serve as a reminder to judges of what lies in store should they lightly disregard the social consequences of liberal constitutional interpretation. - Yours, etc.,
Amiens Street,
Dublin 1.