The Daily Telegraph

THE MAGISTRATE’S ORDER.

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Several methods are open to married people who find living together unendurabl­e of becoming separated without being divorced. If their trouble is mutual misery and unhappines­s, they may adopt the primitive plan of deserting each other and ceasing all further communicat­ion; or they may enter into a deed of separation, each undertakin­g not to molest or in any way interfere with the other. Both these methods are voluntary, and call for neither judicial nor magisteria­l interferen­ce. But mere misery or unhappines­s will not secure a separation by order of the court. The law does not give protection against unhappines­s or the causes of unhappines­s. Before the aid of the law can be obtained one of the parties to the marriage must prove thus the conduct of the other party has given rise to a reasonable apprehensi­on of injury, physical or mental, if cohabitati­on be continued. When that is proved a magistrate’s order may be obtained in a police-court, which directs that the person to whom it is granted shall not be bound to cohabit with the other party; or a judicial separation may be obtained in the High Court on this and other grounds. Because of its relative cheapness the magistrate’s order is much the more frequently applied for. Mr. Waddy, a Thames Police-court magistrate, stated recently that £7,000 is being paid out weekly in that one court to wives who have been granted separation orders.

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