No doubt a very large part of this could be met if there
existed some sort of marriage settlement providing for the dissolution
of the partnership. Otherwise the petitioner for a Shaw-esque divorce
must be prepared for the most exhaustive and penetrating examination
before, say, a court of three assessors--representing severally the
husband, the wife, and justice--to determine the distribution of the
separation. This point, however, leads me to note in passing the need
that does exist even to-day for a more precise business supplement to
marriage as we know it in England and America. I think there ought to be
a very definite and elaborate treaty of partnership drawn up by an
impartial private tribunal for every couple that marries, providing for
most of the eventualities of life, taking cognizance of the earning
power, the property and prospects of either party, insisting upon due
insurances, ensuring private incomes for each partner, securing the
welfare of the children, and laying down equitable conditions in the
event of a divorce or separation. Such a treaty ought to be a necessary
prelude to the issue of a licence to marry. And given such a basis to go
upon, then I see no reason why, in the case of couples who remain
childless for five or six years, let us say, and seem likely to remain
childless, the Shaw-esque divorce at the instance of either party,
without reason assigned, should not be a very excellent thing indeed.
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