Government Moves to Amend Matrimonial Causes or Divorce Legislation
July 31, 2024 – In a significant legislative development, the Government has taken and passed an amendment to the Matrimonial Causes Act, marking a pivotal step towards modernizing and equalizing the country’s marriage laws.
Minister of Education Priya Manickchand has highlighted the essential reforms aimed at eliminating outdated and discriminatory provisions.
“Today we amend the Matrimonial Causes Act. It will allow for parties to now petition the Court for a divorce without having to show fault of the other party. Read that to mean that without having to say the most horrible, unkind things about a person who, in many cases, is the other parent of the parties’ children. We started this process in 2008 when as Minister of Human Services, I consulted nationally to reform divorce laws. I am extremely pleased that we are completing it now. Toward healthier families even after the unit may have broken down.”
The proposed legislation, known as the Matrimonial Causes (Amendment) Bill 2024, seeks to bring the law in line with fundamental rights guaranteed under the Constitution.
Minister Manickchand emphasized the importance of removing existing discriminatory provisions to reflect the evolution of gender rights over the past century.
“This law is going to help us look after women and men. This law is going to help us stay true to our constitutional mandate to make sure that children are always of paramount consideration when we’re dealing with them in any way. It will help us to preserve family relationships, even when the family structure can no longer stay as the structure it originally began as,” the Minister added.
Key changes include eliminating gender discrimination and allowing for a party to petition the court for divorce without forcing that party to blame the other party by claiming “irreconcilable differences.”
These reforms represent a comprehensive effort to modernize the matrimonial laws, ensuring they are just, equitable, and reflective of contemporary societal values. The Government’s commitment to amending the Matrimonial Causes Act is a significant step towards fostering healthier family dynamics and promoting gender equality in Guyana.
Nobody voted against the bill which reforms the existing act by removing existing discriminatory provisions, ensuring the fundamental right of receiving legal recourse is protected. Opposition Members of Parliament, Geeta Chandan-Edmond, Volda Lawrence, and Haimraj Rajkumar all supported the amendments.
Championing the change to the legislation, Attorney General and Minister of Legal Affairs, Mohabir Anil Nandlall, SC, noted that the understanding of gender equality has evolved since the old legislation was drafted nearly 100 years ago.
“What societal values were 90 years ago, what family values were 90 years ago, what social…and legal realities were 90 years ago, are radically different from what they are today. By the sheer passage of time, this law requires reform,” he told the National Assembly.
Divorce Laws Prior to this Amendment
In Guyana divorce is based upon the court being satisfied that one of the parties to the marriage is at fault. Divorce by consent is not allowed. The three main grounds for divorce are
Adultery
Cruelty
Malicious desertion, i.e. when one party has left the matrimo- nial home without either a good reason or the consent of the other party, or has treated the other party so badly that she/he has been forced to leave. This is the ground most often used. The Petition The party who wants the divorce (the petitioner) files a petition in the High Court asking for a decree of divorce against the other party (the respondent) and setting out the ground on which the petition is based. Service The petition must be served upon the respondent. There are two types of service: Personal Service. The petition is served by a marshal of the Supreme Curt or an authorised lawyer’s clerk. The respondent must be pointed out to the marshal or clerk by the petitioner or someone else who knows the respondent. Substituted Service. By either registered airmail post when Section 5 – Divorce S. Harris 24 The Law and You the respondent lives abroad and the petitioner has her/his ad- dress, or advertisement in a newspaper in Guyana or the coun- try where the respondent lives when the petitioner does not have her/his address. Defended Divorce A divorce is defended when the respondent enters an appearance and files an answer or answer and cross prayer. The respondent may not only ask that the petition be dismissed but that she/he be granted a divorce instead. A defended divorce takes much longer to come up for hearing than an undefended divorce and costs more in lawyer’s fees. Undefended Divorce If the respondent does not enter an appearance or file an answer the petition will be put on the undefended list for hearing. The Hearing If the petition is undefended the petitioner goes into the witness box and testifies as to the contents of the petition. If the judge finds that the grounds on which the petition is based have been proved she/he will grant a Decree Nisi of divorce. If the petitioner is abroad and cannot return to Guyana for the hearing a special application can be made for her/his evidence to be given by affidavit (a sworn statement in writing). If the petition is defended each party gives evidence and is cross- examined by the lawyer for the other party. The same applies to any witness each party has. The judge decides which party has proved her/his case and either grants a decree nisi or dismisses the petition. A certified copy of the marriage certificate must be handed in at the hearing as proof that the parties were legally married. A DECREE NISI DOES NOT END THE MARRIAGE. THIS ONLY HAPPENS WHEN THE DECREE NISI HAS BEEN MADE ABSOLUTE. Section 5 – Divorce 25The Law and You Decree Absolute Six weeks after the decree nisi has been made the petitioner can apply to have it made absolute. If the petitioner does not apply the respondent can do so nine weeks after the decree nisi. The Attorney-General or other interested party can intervene to stop the decree nisi being made absolute on the ground that the nisi was improperly obtained, but this very rarely happens. Maintenance and Custody Orders for maintenance of a wife and for maintenance and cus- tody of children can be applied for at any time before decree abso- lute. It is better to have arrangements as to maintenance and cus- tody finalised and made part of the order nisi. Judicial Separation A decree of judicial separation can be obtained on basically the same grounds as a decree of divorce. It frees the party obtaining it from the obligation to live with the other party. It is usually applied for by people who have a religious objection to divorce. A DECREE OF JUDICIAL SEPARATION DOES NOT END THE MARRIAGE, SO NEITHER PARTY CAN REMARRY. Nullity When a marriage is VOID or VOIDABLE the party not at fault can apply for a decree of nullity. A void marriage has no legal effect at all and a decree of nullity simply confirms this. A marriage will be void if: (1) Either party is under 16 years old; or (2) One of the parties is already legally married to someone else. A voidable marriage is valid unless and until a decree of nullity is made. For more examples of void and voidable marriages see Section Number 4 on Getting Married
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I appreciate you taking the time to write and share this insightful piece. Your analysis is quite thorough, and I really enjoy reading your work. This article taught me a lot, and I will be using it again and again. You are doing an excellent job.