HC Deb 21 February 1878 vol 238 cc59-60
MR. BOWEN

asked Mr. Attorney General, If his attention has been called to the case of Hume against Hume and others in the Divorce Court, reported in the "Times" of 2nd instant, and the observations of the Right honourable the President on the anomaly in the Law, through which, although he had power," he said, "under the Divorce Acts to order the husband, when the successful party in the suit, to make a provision for the guilty wife, he had no power to make such an order in favour of an innocent wife, even though left destitute, on succeeding in her suit; and, whether it is the intention of the Government to introduce a Bill to amend the Divorce Acts in the present Session?

THE ATTORNEY GENERAL

Sir, the observations of the right hon. President are not accurately stated in the Question. The President did not say that— Although he had power under the Divorce Acts to order the husband, when the successful party in the suit, to make a provision for the guilty wife, he had no power to make such an order in favour of an innocent wife, even though left destitute. What the President complained of was that he had no power to make a guilty husband make any provision for his guilty wife, the consequence of the defect in the law being that collusion is much encouraged. A provision in the Matrimonial Causes Bill, introduced by my hon. and learned Friend the Member for Durham (Mr. Herschell), is intended to remedy the anomaly complained of; and that Bill the Government intend to support.