Men can now apply for spousal support in divorce proceedings

The Matrimonial Causes Amendment Bill 2024 was passed on Wednesday in the National Assembly to further modernise the legislative framework in Guyana.

Receiving unanimous support, the bill reforms the existing act by removing existing discriminatory provisions, ensuring the fundamental right of receiving legal recourse is protected.

Additionally, the amendments also make provision for divorce on the grounds of irreconcilable differences which has caused “the irremediable breakdown of the marriage.”

The intended amendment also follows a recent ruling by Chief Justice (ag) Roxanne George-Wiltshire, who deemed Section 14 of the previously existing act as discriminatory based on sex and gender, as it only allowed women to obtain spousal support after divorce proceedings have concluded.

Championing the change to the legislation, Attorney General and Minister of Legal Affairs, Mohabir Anil Nandlall, SC, noted that the understanding of gender equality has evolved since the old legislation was drafted nearly 100 years ago.

“What societal values were 90 years ago, what family values were 90 years ago, what social…and legal realities were 90 years ago, are radically different from what they are today. By the sheer passage of time, this law requires reform,” he told the National Assembly.

Minister Nandlall reemphasised the government’s long-lasting commitment to enacting legislation that will transform the lives of virtually every Guyanese.

“From the [beginning of] the life of this parliament…we would have passed nearly 100 bills, touching and concerning almost every conceivable area of national life,” the AG noted.

Supporting the legislation’s passage, Minister within the Ministry of Housing and Water, Susan Rodrigues, said the bill will improve Guyana’s global standing on human rights and gender equality.

“Amending our laws to reflect the gender-neutral award of alimony in a divorce auger well for Guyana’s credentials in making another step towards achieving full gender equality,” she posited.

Meanwhile, Minister of Education, Priya Manickchand, said she is pleased to see the amendment finally come before the National Assembly while detailing the legal antecedence of the laws regulating marriages and divorces.

“I am very proud. I am very pleased to say that this law is going to help us to look after women. This law is going to help us to look after men. This law is going to help us to stay true to our constitutional…This law is going to help us preserve family relationships even when the family structure can no longer stay in the structure that it originally began,” she emphasised.

Opposition Members of Parliament, Geeta Chandan-Edmond, Volda Lawrence, and Haimraj Rajkumar all supported the amendments. (DPI)