House passes Bill to enhance matrimonial ‘gender equality’

A Bill aimed at ensuring fair and equitable treatment for persons seeking divorce was on Wednesday passed in the National Assembly, with the People’s Progressive Party/Civic (PPP/C) Government receiving bipartisan support.
The Matrimonial Causes (Amendment) Bill No. 10 of 2024 was presented for the second time by Attorney-General and Minister of Legal Affairs Anil Nandlall.
The amendment will enable former husbands to apply for maintenance or spousal support following divorce proceedings, which are traditionally exclusive to women under the nation’s longstanding alimony laws.
The pertinent piece of legislation also reforms the existing act by removing existing discriminatory provisions to bring the law into conformity with certain fundamental rights guaranteed under the Constitution. In fact, Section 14 of the Principal Act previously stated that on the dissolution or nullity of marriage, the court may order that a husband must pay maintenance or alimony to a wife. However, both partners are now eligible for alimony based on evidence presented to the court.
Nandlall explained that this reform underscores the nation’s commitment to gender neutrality in legal rights and responsibilities, mirroring the evolving societal values and the vital importance of upholding individual rights without gender bias.
“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.
He added “We tried years ago to do it but there was some resistance from some segments of our population but this time around consultations were held and I believe that those segments of the population that felt strongly about this matter have now changed their view”.
Further, Nandlall emphasised that the act has also incorporated significant provisions outlining the factors that the court must consider in deciding whether to award maintenance, as well as the amount of maintenance applicable to both husbands and wives.
According to him, the amendments are expected to significantly influence future divorce proceedings in Guyana, promoting a fair approach to post-marital financial support.
“The bill also amplifies the grounds that a court must take into account when examining the issue of maintenance and when to grant maintenance when treating will alimony. So, the bill as I said in that overview has some very wide-ranging changes with deep and far-reaching ramifications,” he added.
While Guyana’s current divorce law requires proving fault, leading to separation and hardship, Nandlall added that the newly amended divorce law will allow couples to agree on divorce terms without publicly airing their disputes.
“They are a series of provisions in the principal act that confer protection upon a wife but does not reciprocally confer such protection on the husband. So, in those provisions we have brought equality and equilibrium,” Nandlall said.
This legislative revision follows a pivotal ruling by Chief Justice (AG) Roxane George-Wiltshire, who recently deemed Section 14 of the Matrimonial Causes Act, Chapter 45:02 discriminatory based on sex and gender, as it exclusively permitted wives to obtain maintenance post-divorce. The case emerged when a divorced man, represented by attorney Tamara Evelyn-Khan, contested the prevailing legal structure after being barred from seeking maintenance from his ex-wife.
The Chief Justice highlighted at the time that the current stipulations of the Matrimonial Causes Act unjustly discriminated against men, contravening constitutional mandates against sex and gender-based discrimination.
In response, the Attorney General, a respondent in the case, acknowledged the act’s inconsistency with Article 149 of the Constitution, which safeguards against discrimination on various grounds, including sex and gender.