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Divorce in New Zealand 1898

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Loosening the Marriage Bond: Divorce in New Zealand, c.1890s - c.1950s by Hayley Marina Brown A thesis submitted to the Victoria University of Wellington in fulfilment of the requirements for the degree of Doctor of Philosophy in History Victoria University of Wellington 2011 ii Abstract Based on a detailed examination of 2,195 divorce case files generated by applications to the Wellington Supreme Court, the study explores the changing frequency and character of the divorcing population in New Zealand between 1898, when the grounds for divorce were extended under the Divorce Act, until c.1959. The end point is set by access limits to divorce case files, the beginning of Marriage Guidance, and the establishment of a ‗normal‘ pattern of divorce following the postwar spike. The study examines how and why New Zealanders divorced in increasing numbers over the period. In particular, it looks at the increase in divorce during and after the two world wars. The rate peaked in the immediate postwar years and remaining at levels about those pre-1914 and pre-1939.The study also looks at how war contributed to an underlying and on going change in attitudes towards marriage and divorce, not solely attributable to the immediate crisis of enlistment. The study explores the social and cultural factors influencing the decision to divorce including gender, class, religion, and the desire for, or presence of, children. Among other factors, it inquires into the reason why those who divorced in New Zealand were primarily working class, in contrast to their English counterparts, reflecting different class-based perceptions of morality and respectability. It will explore the growing emphasis on sexual pleasure and on women‘s attainment of social and sexual rights as contributing to the increase in divorce. The public nature of divorce proceedings through this period, with cases being heard in open court and few limits on newspaper reporting, operated as a means of social control and public surveillance. The discussion focuses on how the courts contributed to the construction of definitions of normative behaviour of husbands and wives, judged individuals‘ abilities to be suitable mothers and fathers and awarded custody of children. The court also adjudicated issues of acceptable and illicit sexual behaviour with gender expectations as part of the considerations. Although those who flouted expected marital norms could risk ostracism or public condemnation, the thesis also shows that this power diminished as divorce became more common. The thesis concludes with an examination of marriage guidance as a public recognition both of the potential for divorce and of the belief that marriages took effort to maintain and that advice and guidance support could help ‗unstable‘ marriages regain stability. In the post-World War II period there was also an acknowledgement that some marriages could not be ‗saved‘ with divorce being the only alternative. Regardless, of such interventions, the changes in attitudes about divorce, made divorce an increasingly acceptable solution to unhappy marriages. Divorce, as this thesis will argue, did not ‗break‘ the marriage bonds but rather, loosened them. iii Acknowledgements While writing a thesis can be a somewhat isolating and at times never-ending experience, it is also a task that is impossible to complete without the support of many generous and encouraging people. Firstly, I am forever grateful to my supervisors, Charlotte Macdonald, Dolores Janiewski and Malcolm McKinnon, for their continual and unwavering faith in me and for all their comments and advice over the last four years. I feel very lucky to have worked with three such wonderful academics and mentors who have made my thesis writing experience a rich and rewarding one. I should also like to thank Steve Behrendt and Evan Roberts for their advice and assistance with using statistics and statistical software. Jim McAloon provided guidance with the difficult task of occupation classification. Peter Carter assisted with the construction of the database. Cathy Colborne, Paul Diamond, Lisa Featherstone, Jeremy Finn, Rebecca Jennings, John E. Martin and Redmer Yska have been generous with their time and advice. I have spent countless hours in the reading room at Archives New Zealand Wellington, and would like to thank all the staff who made the research process easier. In particular, I would like to acknowledge the assistance provided by Vernon Wybrow, Graham Langton and Heidi Kuglin. I am also grateful for the help I have received at the Alexander Turnbull Library and the National Library. Writing a thesis is an expensive undertaking, and I would not have been able to complete this work without the financial support provided by a Victoria University of Wellington PhD Scholarship and Submission Scholarship, a Claude McCarthy Fellowship 2008, an Education New Zealand Postgraduate Study Abroad Award 2008, the Wellington Historical and Early Settlers‘ Association James E. Worsfold Scholarship 2009, a number of grants from the Faculty of Humanities and Social Sciences Research Committee (VUW), and funding from the History Programme (VUW). A Building Research Capability in the Social Sciences (BRCSS II) Doctoral Completion Award has made the final few months of this project much easier. Overseas, I completed research at the National Archives UK, The Women‘s Library at the London Metropolitan University, Library and Archives Canada in Ottawa and the British Columbia Archives, and I would like to thank the staff at these institutions for their assistance. Travelling and carrying out research overseas is not cheap, and I am very grateful to Anna Wallace and Russ Humphrey for providing me with accommodation for two weeks while I was in London, and to Eleanor Belshaw-Hauff with whom I stayed for a week in Ottawa. I hope I was a tidy house guest! I have been very fortunate to have a strong support network of family and friends to whom I am very grateful. My mother, Dawn Brown, and her partner Rodney Venning and my father, William Brown, have been very supportive along with many good friends and fellow thesis writers. In particular I would like to acknowledge Angela Wanhalla, Daniel Farrell, Masayuki Shintani, Megan Simpson, Jamie Sedgwick, Christopher Burke, Lachy Paterson, Rebecca Lenihan, Tanja Bueltmann, Gerard Horn, Lisa Sacksen, James Taylor, Nic Dempster, Erin Keenan, Vivian Rodriguez, Nick Radburn and Michael Devine. iv Table of Contents Abstract ii Acknowledgements iii Abbreviations vi Figures, Tables and Illustrations vii Introduction 1 Chapter One: The Evolution of the Divorce Law 19 Chapter Two: Major Trends in Divorce and Divorcing Couples 53 Chapter Three: Divorce in the Time of War 73 Chapter Four: Class and the Economics of Divorce 102 Chapter Five: Privacy, Prurience and Publicity: Suspicions and 126 Surveillance in the Divorce Proceedings Chapter Six: Expectations and Disappointments of Marriage: Succeeding 152 and Failing at being Husbands and Wives Chapter Seven: For the Sake of the Children: Children‘s Part in Divorce 180 Proceedings Chapter Eight: The Changing Landscape of Marriage and Sexuality 195 Epilogue and Conclusion 213 Appendices 234 Bibliography 257 v Abbreviations AFS Australian Feminist Studies AHS Australian Historical Studies ANZ-A Archives New Zealand, Auckland ANZ-C Archives New Zealand, Christchurch ANZ-W Archives New Zealand, Wellington ATL Alexander Turnbull Library DNZB Dictionary of New Zealand Biography EP Evening Post FS Feminist Studies GLR Gazette Law Reports, New Zealand G&H Gender & History HF The History of the Family HWJ History Workshop Journal JFH Journal of Family History JHS Journal of the History of Sexuality JSH Journal of Social History JWH Journal of Women’s History LHR Law and History Review MHR Member of the House of Representatives MLC Member of the Legislative Council NA(UK) National Archives, United Kingdom NCC National Council of Churches NZG New Zealand Gazette NZJH New Zealand Journal of History NZLR New Zealand Law Reports NZPD New Zealand Parliamentary Debates NZT New Zealand Truth NZWW New Zealand Women’s Weekly PS Population Studies VS Victorian Studies SPWC Society for the Protection of Women and Children WHR Women’s History Review WL Women‘s Library, London Metropolitan University WR White Ribbon vi Figures, Tables and Illustrations Figures: 2.1 Petitions and Decrees Absolute for Divorce, 1898-1959 53 2.2 New Zealand Divorce Rate, per 1,000 married couples, 1898-1959 54 2.3 Divorce Petitions by Husbands and Wives, 1915-1959 55 2.4 Grounds for Divorce – Wife Petitioner, 1915-1959 60 2.5 Grounds for Divorce – Husband Petitioner, 1915-1959 61 2.6 Divorce Petitions on the Ground of Separation of 3+ Years, 1921-1947 63 2.7 Wellington Petitions for Divorce as a Proportion of Total Petitions for 64 Divorce in New Zealand, 1898-1952 2.8 Number of Divorce Petitions Filed for the Four Major Courts, 1898-1952 65 2.9 The Crude Divorce Rates (number of divorces per 1,000 total population) 66 1910-1950 2.10 Location of Wedding Ceremony by Divorce Petition Year, 1898-1947 69 3.1 Length of Marriage at Time of Decree Absolute, 1915-1921 79 3.2 Length of Marriage at Time of Decree Absolute, 1939-1949 80 6.1 Petitions on the Ground of Drunkenness, Cruelty etc. by Petitioner, 1915- 168 1959 6.2 Petitions on the Ground of Insanity by Petitioner, 1915-1959 175 8.1 Adultery Petitions as a Percentage of All Divorce Petitions, 1915-1959 198 8.2 Petitions for Divorce on the Ground of Adultery by Petitioner, 1915-1959 199 Tables:
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