Searchlight Logo
special_image

    • News
      • Front Page
      • News
      • Breaking News
      • Press Release
      • Features
      • Special Features
      • From the Courts
      • Sports
      • Regional / World
    • Opinions
      • Editorial
      • Our Readers’ Opinions
      • Bassy – Love Vine
      • Dr. Fraser- Point of View
      • R. Rose – Eye of the Needle
      • On Target
      • Dr Jozelle Miller
      • The World Around Us
      • Random Thoughts
    • Advice
      • Kitchen Corner
      • What’s on Fleek this week
      • Health Wise
      • Physician’s Weekly
      • Business Buzz
      • Hey Rosie!
      • Prime the pump
    • ePaper
    • Obituaries
      • In Memoriam / Acknowledgement
      • Tribute
    • Contact Us
      • Advertise With Us
      • Letters To The Editor
      • General Contact Information
      • Contact our Webmaster
    • About Us
      • Privacy Policy
      • Interactive Media Ltd
      • St. Vincent & the Grenadines
    • Subscribe
    • News
      • Front Page
      • News
      • Breaking News
      • Press Release
      • Features
      • Special Features
      • From the Courts
      • Sports
      • Regional / World
    • Opinions
      • Editorial
      • Our Readers’ Opinions
      • Bassy – Love Vine
      • Dr. Fraser- Point of View
      • R. Rose – Eye of the Needle
      • On Target
      • Dr Jozelle Miller
      • The World Around Us
      • Random Thoughts
    • Advice
      • Kitchen Corner
      • What’s on Fleek this week
      • Health Wise
      • Physician’s Weekly
      • Business Buzz
      • Hey Rosie!
      • Prime the pump
    • ePaper
    • Obituaries
      • In Memoriam / Acknowledgement
      • Tribute
    • Contact Us
      • Advertise With Us
      • Letters To The Editor
      • General Contact Information
      • Contact our Webmaster
    • About Us
      • Privacy Policy
      • Interactive Media Ltd
      • St. Vincent & the Grenadines
    • Subscribe
Married couples are treated better under the law – David
News
April 2, 2015

Married couples are treated better under the law – David

While there is provision under the law for persons exiting failed marriages to claim assets and maintenance, the same cannot be said for persons involved in common-law relationships.

And with that in mind, a call has been made to amend this country’s Matrimonial Causes Act to apply to common law unions.{{more}}

This was crux of the discussion being led by barrister and solicitor Paula David, at the St Vincent and the Grenadines Bar Association third Agnes Cato Memorial Lecture, held at Frenches house on March 30.

The topic was: “When the relationship ends: The distribution of assets on the breakdown of common law unions.”

David said legislation in St Vincent and the Grenadines gives very little recognition to the fact that common law unions are a normal part of our social landscape.

“We have laws which give financial protection to women and men in a marriage. A man or a woman in a legally recognised marriage can, if they are in need and the other party refuses to assist them, go to the Family Court or the High Court and claim maintenance.”

“When a marriage breaks down, the husband or the wife can go to the High Court and ask the court to award them their fair share of the assets which they have acquired over the course of their lives together.”

This, is however, not the case for persons in a common law union.

David explained that these persons cannot seek maintenance in either the Family Court or the High Court. She stated that there is no provision under the law for a common law husband or wife to assist the other financially if the partner is in need.

The attorney pointed out that in other Caribbean jurisdictions, parliaments, having recognising common law union as a cultural norm, have put in place laws to govern what should happen to family assets such as the family home when the common law relationship ends.

“We do not yet have any similar legislation. When a Vincentian couple in a common law union breaks up, we have to look to what lawyers call equity, if we are to seek justice for the parties. The principles of equity are judge made rules which have developed in England over centuries,” David explained.

She said that one problem with judge made rules, is that judges are reluctant to make them. David added that England does not have the same culture, social structure and economy as St Vincent, therefore, common law unions are not as time honoured or enduring in England as they are here.

She also said that one can draw that it is difficult to predict what, if anything will be awarded to a party whose name is not on a deed, under the law as it now exists in this country.

“As it stands, married couples are treated better under the law than common law couples. There can be no justification for this. It is discriminatory and discrimination – that is, unequal treatment under the law is unacceptable in a democratic society, David stressed.

She also recommend that we adopt the pre-nup and post-nup provisions which exist in the Trinidad and Tobago and Jamaica legislation.

“Currently, the Matrimonial Act expressly forbids pre-nups. I don’t believe there is one lawyer or judge in Saint Vincent and the Grenadines who does not find divorce cases painful.”

“The disappointment and anguish people experience when a relationship breaks down can transform them from perfectly reasonable people to being petty, vengeful and irrational.”

She is of the view that if people are allowed to have pre-nups, they would at least know what to expect on the breakdown of their relationship.

“Knowing what to expect will give them one less reason to feel resentful when they find themselves in the painful and disorienting environment of a breakup,”David added.

Agnes Cato was among the first female members of the Bar of St Vincent and the Grenadines. She worked at both the Private Bar and the Public Bar during her long and illustrious career.

The lecture was chaired by president of the SVG Bar Association, René Baptiste.(KW)

  • FacebookComments
  • ALSO IN THE NEWS
    The puzzle of the missing plane…
    Front Page
    The puzzle of the missing plane…
    Mystery light aircraft located
    Webmaster 
    June 16, 2026
    A TWIN-ENGINE Beechcraft 58P aircraft that was reported missing since Friday, June 12, 2026 after it left the Argyle International Airport, has been l...
    Lowmans Leeward man disappears, mother fearing the worse
    Front Page
    Lowmans Leeward man disappears, mother fearing the worse
    Webmaster 
    June 16, 2026
    A LOWMAN’S LEEWARD MAN, Roman “Romey” Pierre, also known as “Rome” and “Mikhail” is missing and his mother MonishaYoung is fearing the worse. On Monda...
    Blondie Bird Eyes Fourth Consecutive Title Despite Challenges (+Video)
    Front Page
    Blondie Bird Eyes Fourth Consecutive Title Despite Challenges (+Video)
    Webmaster 
    June 16, 2026
    THREE-TIME defending Carnival Band of theYear Blondie Bird and Friends Mas Band, is hoping to extend its winning streak this year despite ongoing chal...
    Soca Monarch 2023 makes his return in 2026
    Front Page
    Soca Monarch 2023 makes his return in 2026
    Webmaster 
    June 16, 2026
    AFTER STEPPING AWAY from the competitive Soca arena to further his education, 2023 Ragga Soca Monarch Javid “Jay-R” Rouse says he is ready to make his...
    Ministry of National Security kicks off Public Service Week today
    Press Release
    Ministry of National Security kicks off Public Service Week today
    Webmaster 
    June 16, 2026
    THE MINISTRY OF National Security, through the Public Sector Reform Unit (PSRU), said it will be observing Public Service Day on June 23, 2026, with t...
    Ministry of Tourism expands Kids’ Tourism Summer Camp
    News
    Ministry of Tourism expands Kids’ Tourism Summer Camp
    Webmaster 
    June 16, 2026
    The Department of Tourism within the Ministry of Tourism, Civil Aviation and Sustainable Development is expanding and decentralising its 2026 Kids’Tou...
    News
    Ministry of Tourism expands Kids’ Tourism Summer Camp
    News
    Ministry of Tourism expands Kids’ Tourism Summer Camp
    Webmaster 
    June 16, 2026
    The Department of Tourism within the Ministry of Tourism, Civil Aviation and Sustainable Development is expanding and decentralising its 2026 Kids’Tou...
    Stubbs man killed in Dominica
    News
    Stubbs man killed in Dominica
    Webmaster 
    June 16, 2026
    FOR THE SECOND TIME this year, a Vincentian living abroad has been shot and killed. The latest Vincentian to succumb to gun violence overseas is Joshw...
    Court to hear from Ministry of Health on psychiatric reports
    From the Courts, News
    Court to hear from Ministry of Health on psychiatric reports
    Webmaster 
    June 16, 2026
    THE SERIOUS OFFENCES COURT (SOC) is asking that at least two professionals from the Ministry of Health appear in court during the first week in July t...
    North Leeward residents propose use from returns of Sand mining project
    News
    North Leeward residents propose use from returns of Sand mining project
    Webmaster 
    June 16, 2026
    NORTH LEEWARD RESIDENTS are calling for greater investment in their communities from proceeds generated through sand extraction activities in the Rose...
    NDP behaves as though PS appointments are immense achievements – Gonsalves
    News
    NDP behaves as though PS appointments are immense achievements – Gonsalves
    Webmaster 
    June 16, 2026
    WHILE former Prime Minister Ralph Gonsalves congratulated the newly appointed Permanent Secretaries, he said that the New Democratic Party(NDP) is beh...

    E-EDITION
    ePaper
    google_play
    app_store
    Subscribe Now
    • Interactive Media Ltd. • P.O. Box 152 • Kingstown • St. Vincent and the Grenadines • Phone: 784-456-1558 © Copyright Interactive Media Ltd.. All rights reserved.
    We use cookies to ensure that we give you the best experience on our website. If you continue to use this site we will assume that you are happy with it.Ok