Parliament passes law that sets three-years limitation for divorcees to seek redress in court for division of property

Georgetown : The National Assembly on Thursday passed the Married Persons Property (Amendment) Bill 2013, a law that set three-years limitation for divorcees to seek redress in court for the division of property. The Bill, crafted and tabled by the late A Partnership for National Unity (APNU), Member of Parliament (MP) Deborah Backer received unanimous approval when it was moved for the second time by APNU’s Volda Lawrence.
Lawrence explained that the bill, provides for an application to be made to a judge by either husband or wife for the determination of any question between them as to the title to or possession of property after the dissolution of the marriage or the common law union, and there is no limitation period for the making of such application, under the law. And if that person worked and contributed to the marriage, then they are entitled to 50 percent of the division of property, and one-third if they did not work.
Supporting the movement of the bill were Minister of Legal Affairs and Attorney General, Anil Nandlall, PPPC Member of Parliament Bibi Shaddick, and Alliance For Change (AFC) MP, Moses Nagamootoo.
Nagamootoo told the House that legislation is a victory for Guyana, and more particularly for married women. He commended Backer’s foresight in tabling the amendment to allow divorcees to be provided with justice quickly.
Minister Nandlall though noting that upon the expiration of three-years a person cannot approach the court by another method, did explain that it is a piece of legislation that would bring great relief to many persons, who would like to benefit from matrimonial procedures. He noted that invariably the causalities of these types of litigations are children and the longer those litigations take the greater the misery to which the children are subject. “So this will benefit all litigants, it will benefit children, it will bring speed to the judicial system and these are the types of amendments that I welcome …,” Minister Nandlall said.
The Married Persons Property Act was before amended to create a level playing field for common law unions, for five or more years by conferring on them the same entitlements as those enjoyed by married persons. The Act was also later statutorised to provide for persons who worked and contributed to the marriage, to be entitled to 50 percent of the division of property, and if they did not work, to be entitled one-third if they did not work.