After decades, the Matrimonial Causes (Amendment) Bill 2024 tabled in Parliament marks a significant milestone in the evolution of divorce law in our country. The removal of fault-based divorce is a reform that promises to modernise Guyana’s legal system and bring it in line with contemporary societal norms.
For too long, couples seeking divorce faced the arduous task of proving fault, which often led to bitter proceedings, unnecessary animosity, and prolonged legal battles. The requirement to assign blame could exacerbate already strained relationships, making it difficult for parties to move forward amicably, especially when children were involved.
The new legislation, by eliminating the need to establish fault, shifts the focus from assigning blame to facilitating a more dignified and cooperative dissolution of marriages. This change not only streamlines the divorce process but also promotes a more compassionate approach to separation, recognising that marriages can irretrievably break down for a multitude of reasons.
As this newspaper reported on Wednesday, the grounds for divorce will be amended to include “irreconcilable differences which has caused the irremediable breakdown of the marriage,” provided that the parties have been separated and lived apart for a continuous period of six months prior to filing for the divorce. This includes instances where the two persons have separated “notwithstanding” that they have continued to occupy the same space.
Attorney General Anil Nandlall has stated that this addition will remove the need for the petitioner to prove before the court that their partner was involved in adultery or desertion, cruelty, or any other provisions which may not necessarily be the reason for the divorce.
He said: “Unless you can prove those things, you can’t get a divorce and this has led to innumerable problems in society. This has led to persons being forced to live together and then those where married persons severed all relations…The most nasty set of details can come out in divorce petitions as evidence in court and is publicly done and damaging the relationship between the parties forever and the persons who suffer most are the children in the marriage.”
Moreover, the Matrimonial Causes (Amendment) Bill 2024 reflects broader societal changes towards promoting autonomy and respect for individual choices within marriage. It acknowledges that relationships are complex and multifaceted, and that individuals should have the right to exit marriages without being subjected to unnecessary hurdles or judgment.
Critics of this Bill may argue that it undermines the sanctity of marriage or could lead to an increase in divorces. However, it is essential to recognise that the removal of fault-based divorce does not diminish the institution of marriage itself. Instead, it recognises the reality of modern relationships and empowers individuals to make decisions that are in their best interests and those of their families.
Further, the Bill is accompanied by safeguards to ensure that adequate provisions are made for the welfare of children and vulnerable parties during divorce proceedings. By prioritising fairness and justice, the Bill aims to protect the rights of all individuals involved, fostering a more equitable outcome for families undergoing separation.
The AG chambers must be acknowledged for its tireless efforts this Bill which now promotes a more compassionate and efficient manner for divorces.
The Matrimonial Causes (Amendment) Bill 2024 represents compassion. We do hope that our society is ready to evolve and adapt to changing circumstances.
As AG Nandlall said it is time that Guyana positions itself with the rest of the world and update its laws.
