-to make way for men to apply for spousal support in divorce proceedings

SEEKING to amend Guyana’s longstanding Matrimonial Causes Act to reform the law relating to spousal maintenance, proposed amendments to the act were last week laid in the National Assembly.

The Matrimonial Causes (Amendment) Bill No. 10 of 2024 was presented during the 83rd sitting of the twelfth parliament by the Minister of Legal Affairs and Attorney General, Anil Nandlall S.C.

According to the explanatory memorandum of the act, it reforms the existing act by removing existing discriminatory provisions to bring the law into conformity with certain fundamental rights guaranteed under the constitution.

Section 14 of the Principal Act states that on the dissolution or nullity of marriage, the court may order that a husband must pay maintenance or alimony to a wife.

“This provision was held by the High Court to be discriminatory based on the grounds of sex and gender as it does not provide that a wife may be ordered to pay maintenance or alimony to a husband,” the explanatory memorandum stated.

As a result, that provision is said to be in violation of Articles 149 and 149D of Guyana’s constitution which speaks to discrimination on various grounds including sex and gender and equality before the law respectively.

The intended amendment follows a 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 outcome emerged when a divorced man 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.

Meanwhile, the amendments laid in the National Assembly once passed, will significantly influence future divorce proceedings in the country and promote a fair approach to post-marital financial support.

Earlier this year, the Attorney General highlighted that the amendment underscores the government’s commitment to legal equity and further the nation’s commitment to gender neutrality in legal rights and responsibilities.
This further mirrors the evolving societal values and the importance of upholding individual rights without gender bias.