The Assistant Commissioner of Pensions has forwarded the following memorandum asking for advice:

The Deputy Commissioner of Pensions, London, has submitted the following query: A woman obtains a divorce from, or is divorced by, her husband and remains unmarried. In the event of her husband dying, could she then be treated as a widowed mother for the purposes of the War Pensions Act 1914-19161

I shall be glad if you will kindly favour me with an opinion in regard to the above. It is desired that, if possible, the position be shown for each State of the Commonwealth and for England, under each of the following conditions:

1. Where a decree nisi only is granted and is not made absolute;
2. In the case of a decree absolute.

I presume the question upon which advice is desired is whether, in such a case, the woman can be regarded as a 'widowed mother' within the meaning of the phrase in the definition of 'Dependants' in section 2 of the Act.

In the case where the decree of divorce has not yet been made absolute, I think the answer is clearly in the affirmative, as the divorce is not complete until the decree is made absolute.

As regards the case where the decree has been made absolute, however, I do not think the woman in such a case, whether she or the husband instituted the proceedings for divorce, can be regarded, after the death of the latter, as the widowed mother of an unmarried son. I do not think the terms 'widow' and 'widower' are applicable to the survivor of a couple whose marriage has been dissolved by divorce proceedings.

In my opinion, therefore, the answers to the two questions asked are:

1. Yes;
2. No.

I have not advised separately as regards the position in the respective States of the Commonwealth and in England, but, inasmuch as the structure of the Divorce Acts in the various States and in England is, so far as the effect of the granting of the respective decrees nisi and decrees absolute, almost if not entirely the same, the advice already given may be regarded as applicable generally in each of the States and in England.

[Vol. 15, p. 394]