In Guyana, a husband or wife seeking a divorce must provide grounds for the dissolution of marriage. These grounds are outlined in the Matrimonial Causes Act and include, adultery, cruelty and even bestiality. Oftentimes, these grounds are expounded upon in Court, revealing personal and indeed, embarrassing bedroom matters. But more than that, these revelations would also further strain relationships between parties leading to a perpetuation of hate and livelong grudges.
Bill No. 10 of 2024 was passed today. The bill seeks to modify The Matrimonial Causes Act and includes an alternative to those parties who wish to dissolve their marriage amicably without listing these grounds.
This, the Attorney General and Minister of Legal Affairs, Anil Nandlall says, provides the basis for spouses to preserve the relationship they share, especially when children are affected by the divorce.
The grounds will not be amended to include: “irreconcilable differences which has caused the irremediable breakdown of the marriage.”
Nandlall explained to the House that both husband and wife can cite this ground after the bill is assented by the President, as a reason for the divorce without assigning blame and saying “nasty” things about each other.
However, there is a caveat, he said. This ground can only be invoked if both parties can prove to the court’s satisfaction that they have been separated and living apart for a continuous period of six months before filing for divorce. This includes cases where the couple has been separated even if they have continued to live in the same space.
The amendment will also see the cessation of the “Restoration of Conjugal Rights.”
Nandlall explained that this power, which once resided with the court, would see estranged partners returning to normalcy by a judicial order.
For example, a husband could move to the court and have a legally binding order that forces an estranged wife to return to the home to carry out her marital responsibilities, including the restoration of sexual relations. Nandlall said that this court-enabled rape is not in keeping modern society and law and had to be rightfully axed. Another amendment will see husbands also now being eligible for alimony.
The bill received support from the parliamentary opposition.
