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Divorce rate continues to rise

Jul 03, 2010 News

-more than 1,000 filed for 2009

By Rabindra Rooplall
Statistics from the Supreme Court show that 1,235 divorce matters were filed between January and December 2009. For this year to June 28, there were 636 divorce matters recorded.
Sources from the court said that in almost all the cases filed, the main reason given was malicious desertion.
For 2009, statistics from the Guyana Legal Aid Clinic (GLAC) revealed that 534 persons were interviewed for divorce cases, 384 sought advice and representation, while only 150 were given advice.
For this year from January to March, statistics from GLAC revealed 195 persons were interviewed, and 119 were given advice and representation. The GLAC has dealt with divorce matters more than any other case type.
For decades, lawyers have struggled to convince judges, using the present Matrimonial Causes Act (Divorce Law) that was first enacted on December 30, 1916, that there was reasonable ground for a married couple to be granted a divorce. However, the law was amended in 1953 and again in 2009.
Guyana’s divorce laws were based on the “Fault” principle, and to obtain a divorce at that time in this country, one party had to prove to the satisfaction of the High Court, one or a combination of these: cruelty, adultery, or malicious desertion.
However, the No Fault Divorce Bill which was assented to in March 2009 is in consultation before the select committee.
This newspaper understands that a serious backlog does not only exist with criminal matters alone but with divorce matters as well. It was opined that this was so because of how tedious it was to convince a judge of fault in a marriage.
Maybe with this in mind the Human Services and Social Security Minister, Priya Manickchand, approached Parliament with the ‘No-fault divorce’ Bill which was assented to in March 2009.
The Minister previously stated that there needs to be legislation to facilitate good post-divorce relations, especially when there are children involved.
This newspaper understands that a no-fault divorce will empower the spouse who wishes to leave the marriage (generally the male here in Guyana), and will make powerless the spouse who is being left (generally the female here in Guyana).

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