The Matrimonial Causes (Amendment) Bill was recently passed in the National Assembly.
Under the previous legislation, couples seeking divorce faced the arduous task of proving fault, which often led to bitter proceedings, unnecessary animosity, and prolonged legal battles.
The requirement to assign blame often exacerbated already strained relationships, making it difficult for parties to move forward amicably, especially when children were involved.
The new legislation removes the requirement to establish fault when seeking divorces.
This change not only streamlines the divorce process but also promotes a more compassionate approach to separation, recognising that marriages can irretrievably breakdown for a multitude of reasons.
Despite the progressive nature of the law, there are critics claiming that it can undermine the sanctity of marriage or could lead to an increase in divorces.
But Minister of Education Priya Manickchand – a lawyer by profession – explained that this is not true. In a social media broadcast on Sunday, she revealed that 85% of divorces in the last five years were uncontested.
“The majority of people already agree…that this marriage is over and they want a divorce but we force them to say horrible and unkind things about each other. Now, they can go get that divorce without saying those things,” Manickchand explained.
In this regard, she dispelled concerns from the public that this new law will encourage more people to unnecessarily get divorced.
“People here tend to fight for their marriages, stay long past the due date…put up with a lot of abuse and insults and hardships in an effort to save the marriage. Nobody runs off and gets a divorce because they can,” she explained.
“And I don’t see that happening. I think it’s a misplaced fear, I understand where the fear is coming from, but it’s a misplaced fear,” she added.
