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<span style="font-weight: bold">........but there should be no 'no fault' divorce</span>
<span style="font-style: italic"><span style="font-weight: bold">Published on Saturday, October 25, 2008
By Oscar Ramjeet </span></span>
Carib Daily-source
At long last, steps are being taken by the Guyana Government to amend the Matrimonial Causes Act (divorce law), which was enacted on December 30, 1916 -- nearly 92 years ago.
At the time when the law was introduced women were considered to be inferior to men. In fact, a wife was considered as her husband's property.
There was an amendment in 1953, but that did not bring about equality of the sexes, there was still a disparity. <span style="font-style: italic">Women were still viewed by many as the property of, and subordinate to, men. Women were not equal before the law and divorce was also viewed as taboo. </span>
The Kaieteur News carried an article stating that the Minister of Human Services and Social Security Priya Manickchand is seeking to update this archaic law and that she will publish a consultation paper on divorce reform around which dialogue will be held regarding proposals for what is known as "No Fault Divorce".
I recall while I was in active law practice in Guyana, the main ground for divorce was malicious desertion and another was that the marriage has irretrievably broken down, in which reasons could be stated why it was broken down.
<span style="font-style: italic">According to the Kaieteur News article, the Minister wants to introduce a "No Fault Divorce". I do not know what Minister Manickchand has in mind, but it my view it should not be tailored like the divorce law in Florida, which means that either party can dissolve the marriage with or without the consent of the other party. No ground is required for a divorce. One party can just wake up in the morning and say I no longer need his/her spouse and file for a divorce and the other party cannot defend. It is like a talak divorce in some Muslim countries by merely saying "talak, talak, talak" (I divorce you, I divorce you, I divorce you) and the marriage is terminated.
More so a man/woman might have a quarrel with his/her spouse and in the heat of the argument move for dissolution. </span>
Guyana does not need such stringent laws. Although there is need to completely overhaul the Matrimonial Causes Act, I do not agree with a “No Fault Divorce” as it is in Florida. We must bear in mind "what God has joined together no man should put asunder".
Although it is totally wrong for two parties to continue live together or still to be married if there are problems between them, they should be free to go their separate ways and live comfortable lives. I also agree with the Minister when she said that "the culpability of either party in contributing to the breakdown of the relationship does not alter the fact the relationship is at an end, and the law should facilitate the formal dissolution of a relationship that is already at an end by reducing the conflict, animosity and tension in the dissolution process".
However, we should also bear in mind that children might be involved in most cases and their interest is paramount. All the case laws clearly state that, and it is a fact that more than 50% of the marriages in the United States ended up in divorce – with some persons married three or four times.
At this age where times have changed where women are doing much better than their male counterparts, the fairer sex should be treated as equals. In fact, statistics show that Caribbean women are doing much better in the academic fields. Results from the Universities of the West Indies as well as the University of the Virgin Islands, and the University of Guyana show that far more females are graduating every year. Therefore the laws should not show a disparity.
The Minister's proposals should be carefully reviewed by the Guyana Council of Churches, The Maha Sabha, the Anjuman -the Muslim Religious Organization, the Bar Association, representatives from social and cultural organizations and other bodies to get their input to this important piece of legislation.
<span style="font-style: italic"><span style="font-weight: bold">Published on Saturday, October 25, 2008
By Oscar Ramjeet </span></span>
Carib Daily-source
At long last, steps are being taken by the Guyana Government to amend the Matrimonial Causes Act (divorce law), which was enacted on December 30, 1916 -- nearly 92 years ago.
At the time when the law was introduced women were considered to be inferior to men. In fact, a wife was considered as her husband's property.
There was an amendment in 1953, but that did not bring about equality of the sexes, there was still a disparity. <span style="font-style: italic">Women were still viewed by many as the property of, and subordinate to, men. Women were not equal before the law and divorce was also viewed as taboo. </span>
The Kaieteur News carried an article stating that the Minister of Human Services and Social Security Priya Manickchand is seeking to update this archaic law and that she will publish a consultation paper on divorce reform around which dialogue will be held regarding proposals for what is known as "No Fault Divorce".
I recall while I was in active law practice in Guyana, the main ground for divorce was malicious desertion and another was that the marriage has irretrievably broken down, in which reasons could be stated why it was broken down.
<span style="font-style: italic">According to the Kaieteur News article, the Minister wants to introduce a "No Fault Divorce". I do not know what Minister Manickchand has in mind, but it my view it should not be tailored like the divorce law in Florida, which means that either party can dissolve the marriage with or without the consent of the other party. No ground is required for a divorce. One party can just wake up in the morning and say I no longer need his/her spouse and file for a divorce and the other party cannot defend. It is like a talak divorce in some Muslim countries by merely saying "talak, talak, talak" (I divorce you, I divorce you, I divorce you) and the marriage is terminated.
More so a man/woman might have a quarrel with his/her spouse and in the heat of the argument move for dissolution. </span>
Guyana does not need such stringent laws. Although there is need to completely overhaul the Matrimonial Causes Act, I do not agree with a “No Fault Divorce” as it is in Florida. We must bear in mind "what God has joined together no man should put asunder".
Although it is totally wrong for two parties to continue live together or still to be married if there are problems between them, they should be free to go their separate ways and live comfortable lives. I also agree with the Minister when she said that "the culpability of either party in contributing to the breakdown of the relationship does not alter the fact the relationship is at an end, and the law should facilitate the formal dissolution of a relationship that is already at an end by reducing the conflict, animosity and tension in the dissolution process".
However, we should also bear in mind that children might be involved in most cases and their interest is paramount. All the case laws clearly state that, and it is a fact that more than 50% of the marriages in the United States ended up in divorce – with some persons married three or four times.
At this age where times have changed where women are doing much better than their male counterparts, the fairer sex should be treated as equals. In fact, statistics show that Caribbean women are doing much better in the academic fields. Results from the Universities of the West Indies as well as the University of the Virgin Islands, and the University of Guyana show that far more females are graduating every year. Therefore the laws should not show a disparity.
The Minister's proposals should be carefully reviewed by the Guyana Council of Churches, The Maha Sabha, the Anjuman -the Muslim Religious Organization, the Bar Association, representatives from social and cultural organizations and other bodies to get their input to this important piece of legislation.