—Legal Aid assists with over 1,100 divorces in 2016

FOR 2016, statistics from the Guyana Legal Aid Clinic (GLAC) revealed that 1,101 persons were interviewed for divorce cases; 797 sought advice and representation while 253 were given advice.

In the majority, officials from the court, in almost all of the cases filed the main reason given was malicious desertion. For decades, lawyers have struggled to convince judges, using the 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 are based on the “fault” principle, and to obtain a divorce 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.

The Family Court is expected to now deal with matters such as divorce, division of property, domestic matters, adoption, guardianship and custody. Eight years after plans were finalised, the long-awaited family court is now up and running and so dozens of matters have been heard by the two judges assigned.

The family court which is located in the High Court compound, heard its first case in June, 2016. The launch of the court is a welcomed development to many as it now means that family law cases, like divorce and child custody, can be concluded more speedily and that the High Court will be less burdened. The two judges hearing matters at present are Justice Dawn Gregory and Justice Sandra Kertzious.