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The Matrimonial Causes (Amendment) Bill, passed with broad support in the National Assembly, aims to modernize family law in Guyana. The bill, which has governed marriage and divorce in Guyana for nearly 90 years, is set for a comprehensive revision. The Matrimonial Causes Act, originally established under British colonial rule, has remained largely unchanged since its adoption in 1937. The current legislation, including Chapter 45:02, has been criticized for maintaining provisions that are no longer reflective of modern values, particularly in terms of gender equality.
The new bill introduces several key changes aimed at modernizing family law, such as the abolition of Restitution of Conjugal Rights, a new ground for the dissolution of marriage based on irreconcilable differences as grounds for divorce, gender equality in legal protections, equal alimony rights, and revised judicial separation grounds. These amendments aim to facilitate a more dignified process for marriage dissolution, minimizing the need for public court proceedings to prove the end of a marriage.
The bill also seeks to amend spousal maintenance laws by removing discriminatory provisions and ensuring alignment with fundamental constitutional rights. It proposes further revisions to the Principal Act and specific sections of the Summary Jurisdiction (Magistrates) Act, Cap. 30:05, to make maintenance and property protection provisions applicable to both spouses, rather than solely to wives. It also seeks to amend provisions related to the reversal of judicial separation decrees, ensuring that alimony payment obligations apply equally to both husbands and wives, among other measures.
