More Guyanese divorcing

Jan 05, 2012 News

By Rabindra Rooplall

The number of divorces has climbed in 2011 with 1,288 matters filed between January and December.
This was against 2010 statistics which revealed 1,269 divorce matters filed. In 2009, there were 1,235 cases recorded.
In the majority, officials from the court, in almost all of the cases filed the main reason given was malicious desertion.
However, due to the much touted ‘no-fault divorce’ law which was spearheaded by former Minister of Human Services and Social Security, Priya Manickchand, persons can apply to the new 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. Laws providing for no-fault divorce also limit the potential legal defences of a respondent who would prefer to remain married.
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).
The Family Court is expected to deal with matters such as divorce, division of property, domestic matters, adoption, guardianship and custody.
No-fault divorce is a divorce in which the dissolution of a marriage requires neither a showing of wrong-doing of either party nor any evidentiary proceedings at all.
For 2011, statistics from the Guyana Legal Aid Clinic (GLAC) revealed that 677 persons were interviewed for divorce cases; 410 sought advice and representation while 267 were given advice.
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 a number of factors which included cruelty, adultery, or malicious desertion.
Court officials are reporting a significant backlog not only in criminal matters but also with divorce cases as well.