Overwhelming evidence exists to support ‘No Fault Divorce’

Nov 10, 2008 News

— Attorneys

A recent comment by President of the Guyana Bar Association (GBA), Teni Housty, has raised eyebrows among practicing attorneys.
Housty, during a recent consultation held by Minister of Human Services and Social Security Priya Manickchand, called for empirical (or experiential) evidence to demonstrate that ‘No Fault Divorce’ was good for Guyana.

President of the Guyana Bar Association, Teni Housty

Manickchand, in an invited comment, said that she was surprised at such a call, given that the concept that she is trying to introduce is not yet law and, as such, that kind of evidence would not be available in Guyana.
She, however, insists that there is enough evidence available to support her charge for ‘No Fault Divorce.”
This newspaper sought comments from legal minds, to see whether such evidence exists.

Minister Priya Manickchand

Legal luminary, attorney-at-law Nigel Hughes, said that he would be surprised if the call for empirical evidence is the official position of the GBA.
Hughes posited that, currently, legislation for divorce was horrendously hamstrung and outdated. He noted that there was more than enough evidence to expedite the implementation of ‘No Fault Divorce.’
He noted that, if one were to visit the High Court on any given Friday, the evidence would be as ‘plain as day,’ since couples who have decided to end their marriage and their attorneys find it most difficult to prove fault. Another eminent practicing attorney-at-law, Anil Nandlall, supported the call, saying that right now it is an archaic, outmoded concept for one to have to prove fault on the other party in seeking a divorce.

Attorney Anil Nandlall

Nandlall added that, with the current law, persons are literally being forced to tell lies on the other partner in order to prove some fault.
He noted that persons were free to marry with no hassle, and said that, as such, they should also be free to divorce, if they feel it necessary, without having to establish fault on the other party.
He echoed the sentiment of Hughes, pointing to the High Court on any given Friday, when divorce cases are heard before a judge.
He added that, in almost every Commonwealth country, legislation for ‘No fault Divorce’ has been introduced because people have recognized the archaic nature of having to prove fault in order to obtain a divorce.
The idea of ‘No Fault Divorce’ is currently at a consultation stage and is fast gaining the support of many.

Attorney Nigel Hughes

Commenting on the suggestion that the proposed notion could result in a breakdown of family values, Minister Manickchand insists that if two persons decide to get divorced, it means that the relationship has
ended.