–         as spousal support for men imminent

GUYANA is poised to make a significant stride in its legal approach to marriage and divorce by amending the Matrimonial Causes Act, which has been in effect for a decade. This amendment aims to ensure fair and equitable treatment for all individuals, regardless of their gender.

This is according to Attorney-General and Minister of Legal Affairs, Anil Nandlall, SC., during his online programme, ‘Issues in the News,’ which was aired on Tuesday.
The Matrimonial Causes (Amendment) Bill No. 10 of 2024 was presented during the 83rd sitting of the twelfth parliament earlier this month by Nandlall.

The amendment will enable former husbands to apply for maintenance or spousal support following divorce proceedings, which are traditionally exclusive to women under the nation’s longstanding alimony laws.
“One party could have gone to the court, in particular the husband, and get an order to make the wife come back in the matrimonial home. Now that perhaps was what was legally and socially accepted 100 years ago, but now we have reached a position in society where the law itself permits a husband to be charged for raping his wife…that law didn’t exist 100 years ago.
“So essentially, when a court is directing, the restoration of conjugal rights, the court is also authorising that man to have sexual relationship with that woman, even though the woman may not be consenting today, that is rape, but that’s still in our law, so that will be removed once this bill is passed,” Nandlall explained.

The Minister also highlighted that there are certain “facilities” that men are excluded from, which could be seen as “offensive,” not due to their gender equality and entitlement to fair treatment, regardless of gender, race, religion, class, stature, and so forth.

“In environment with equal treatment is now a guaranteed fundamental right, you cannot have unequal treatment. And throughout this legislation, women were treated differently from men, and men treated differently from women.
“We have now changed that. Wherever we found this inequality of gender, and we have now changed the language to ensure that there is gender equality and equal treatment to both the husband and the wife. So that’s another important aspect of these amendments,” Nandlall highlighted.

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.

Furthermore, he emphasised that the act has also incorporated significant provisions outlining the factors that the court must consider in deciding whether to award maintenance, as well as the amount of maintenance applicable to both husbands and wives.
While Guyana’s current divorce law requires proving fault, leading to separation and hardship, Nandlall said that the news amending the divorce law will allow couples to agree on divorce terms without publicly airing their disputes.
According to him, the amendments are expected to significantly influence future divorce proceedings in Guyana, promoting a fair approach to post-marital financial support.

Nandlall added that 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.
“This amendment has been in the pipeline for several years. Other segments of the society wanted this change in the law, so we are finally putting it will finally be changed.
“I don’t think this bill will attract opposition from the parliamentary opposition. I believe that they are also of the view that the time for this bill has come and we are proceeding with it at the next sitting of the National Assembly,” Nandlall said.