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Four Guyanese divorce every day

Dec 30, 2010 News

By Rabindra Rooplall
For this year statistics from the Supreme Court shows that 1,269 divorce matters were filed between January and December, which is higher than in 2009, which recorded 1,235 divorce cases.
Sources from the court said that in almost all the cases filed, the main reason given was malicious desertion.
For 2010, statistics from the Guyana Legal Aid Clinic (GLAC) revealed that 708 persons were interviewed for divorce cases, 399 sought advice and representation, while 309 only sought advice. In all categories the statistics are higher when compared to 2009. It was noted that the GLAC has dealt with divorce matters more than any other case type.
Guyana’s current fault-based divorce system could soon be abolished as the ongoing consultations are proving to be encouraging as it relates to a no-fault system to be put in place. The Ministry of Human Services held its first consultation on the “Reform of the Divorce Laws” at City Hall on November 7, last year, allowing persons to present proposals and views on the reform of the law.
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.
Some are also of the opinion that the situation in which two persons are stuck in a marriage and cannot get out of it because they can’t prove fault could lead to abuse, given that frustration will eventually deepen.
However, Minister of Human Services and Social Security, Priya Manickchand, is spearheading the ‘no-fault divorce’ in which the dissolution of a marriage requires neither party to show any evidence of wrongdoing nor any evidentiary proceedings at all.
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).
Laws providing for no-fault divorce allow a family court to grant a divorce in response to a petition by either party of the marriage, without requiring the petitioner to provide evidence that the respondent has committed a breach of the marital contract.
The family court is expected to deal with matters such as divorce, division of property, domestic matters, adoption, guardianship and custody.
Laws providing for no-fault divorce also limit the potential legal defences of a respondent who would prefer to remain married.
This newspaper also understands that a serious backlog does not only exist with criminal matters alone but also with divorce matters.
It was opined that this was so because of how tedious it was to convince a judge of fault in a marriage.

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