-as gov’t moves to amend decades-old Matrimonial Causes Act – Nandlall

GOVERNMENT is poised to amend Guyana’s longstanding Matrimonial Causes Act, enabling former husbands to apply for maintenance or spousal support following divorce proceedings.

This development, traditionally exclusive to women under the nation’s longstanding alimony laws, was announced recently by Minister of Legal Affairs, Mohabir Anil Nandlall, S.C., during his weekly programme, ‘Issues in the News.’

The planned amendment aims to eradicate discriminatory clauses within the act, aligning it with constitutional rights.

This legislative revision follows a pivotal ruling by Chief Justice (AG) Roxane George-Wiltshire, who recently deemed Section 14 of the Matrimonial Causes Act, Chapter 45:02 discriminatory based on sex and gender, as it exclusively permitted wives to obtain maintenance post-divorce.

The case emerged when a divorced man, represented by attorney Tamara Evelyn-Khan, contested the prevailing legal structure after being barred from seeking maintenance from his ex-wife.

The Chief Justice highlighted that the current stipulations of the Matrimonial Causes Act unjustly discriminated against men, contravening constitutional mandates against sex and gender-based discrimination.

In response, the Attorney General, a respondent in the case, acknowledged the act’s inconsistency with Article 149 of the Constitution, which safeguards against discrimination on various grounds, including sex and gender.

Minister Nandlall indicated that the government had already anticipated legal reform, signalling an intent to amend the law to eliminate discriminatory language.

“The amendment has been drafted and will soon be presented to the National Assembly for approval,” Nandlall stated, underscoring the government’s commitment to legal equity.

The forthcoming amendments are expected to significantly influence future divorce proceedings in Guyana, promoting a fair approach to post-marital financial support.

Furthermore, this reform underscores the nation’s commitment to gender neutrality in legal rights and responsibilities, mirroring the evolving societal values and the vital importance of upholding individual rights without gender bias.

By adjusting the Matrimonial Causes Act to adhere to the principles of equality and non-discrimination, the National Assembly is set make a crucial advancement in the legal approach to marriage and divorce in Guyana, ensuring fair and equitable treatment for all individuals, irrespective of gender.