Former husbands can now ask ex wives for maintenance

Last Updated on Monday, 12 February 2024, 21:29 by Written By Denis Chabrol

The High Court on Monday ruled that former husbands can also now apply for financial maintenance from their ex wives, finding that the Matrimonial Causes Act which provided that only men were liable to pay maintenance violates Guyana’s Constitution, Attorney-at-Law Tamara Evelyn-Khan said.

The decision, which was handed down by Chief Justice Roxane George-Wiltshire, essentially means that either a man or a woman can now apply f0r maintenance from the other.

The High Court found that section 14 of the Matrimonial Causes Act, Chapter 45:02 is discriminatory on the basis of sex and gender and is therefore unconstitutional as being in violation of Article 149 of the Constitution of Guyana.

Just before the landmark ruling, that law had provided for to the extent that on a decree for dissolution or nullity of marriage, men only to pay a gross or annual sum of money to or maintain their former wives, and not for women to pay a gross or annual sum of money to or maintain their former husbands.

Chief Justice George-Wiltshire also declared that section 14 of the Matrimonial Causes Act, Chapter 45:02 does not secure to the applicant equal protection and benefit of the law and is therefore unconstitutional as being in violation of Article 149D of the Constitution of Guyana.

Article 149 (d) says “the State shall not deny to any person equality before the law or equal protection and benefit of the law.

The decision states that until the National Assembly makes adequate provision, section 14 of the Matrimonial Causes Act, Chapter 45:02 is hereby modified to permit applications by either a husband or a wife for payment of a gross or annual sum or maintenance so that the said section 14 is in compliance with Articles 149 and 149D of the Constitution of Guyana.

The Chief Justice said as a consequence, the former husband is entitled to apply for maintenance from his spouse.

Commenting on the decision, Attorney Evelyn-Khan said the decision could not be applied to previous divorces but only those from Monday going forward.