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
      • 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
      • 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
    SVG still awaiting official confirmation from US on ‘Drone strike’
    Press Release
    SVG still awaiting official confirmation from US on ‘Drone strike’
    Webmaster 
    February 20, 2026
    Official confirmation is still being sought by the government of St Vincent and the Grenadines (SVG) in relation to a “deeply troubling” drone strike ...
    Senator proud to be a child of the Education Revolution
    Front Page
    Senator proud to be a child of the Education Revolution
    Webmaster 
    February 20, 2026
    While Government Senator, Jamalie John stood in Parliament during the 2026 National Budget debate to make clear that he was no child of the ‘Education...
    US asks SVG to take third-country deportees
    Front Page
    US asks SVG to take third-country deportees
    Webmaster 
    February 20, 2026
    St. Vincent and the Grenadines (SVG) has been officially approached by the United States of America (USA) in relation to accommodating third-country d...
    Police and barber walk free from wounding charge
    Front Page
    Police and barber walk free from wounding charge
    Webmaster 
    February 20, 2026
    A Police Constable, and a barber who were charged in relation to an incident that occurred at Langley Park on Friday, February 13, 2026 walked free wh...
    Dr. Gonsalves soon to release another publication
    Front Page
    Dr. Gonsalves soon to release another publication
    Webmaster 
    February 20, 2026
    The regional academic community can expect several more books from Opposition Leader Dr. Ralph Gonsalves, in the coming months. Among them will be one...
    Opposition Leader misled the people of North Central  Windward – Senator Neptune
    News
    Opposition Leader misled the people of North Central Windward – Senator Neptune
    Webmaster 
    February 20, 2026
    The candidate for the victorious New Democratic Party in the 2025 general elections, Chieftan Neptune has claimed Opposition Leader Dr. Ralph Gonsalve...
    News
    Opposition Leader misled the people of North Central  Windward – Senator Neptune
    News
    Opposition Leader misled the people of North Central Windward – Senator Neptune
    Webmaster 
    February 20, 2026
    The candidate for the victorious New Democratic Party in the 2025 general elections, Chieftan Neptune has claimed Opposition Leader Dr. Ralph Gonsalve...
    Young men await sentencing following brawl in Kingstown
    News
    Young men await sentencing following brawl in Kingstown
    Webmaster 
    February 20, 2026
    Three teenagers and a 23-year-old who were charged following a violent brawl in Kingstown on Friday, February 13, 2026 appeared in court on Tuesday, F...
    Bodies to be exhumed
    News
    Bodies to be exhumed
    Webmaster 
    February 20, 2026
    Funds have been allocated in the 2026 Budget for over 100 bodies to be exhumed and reburied across St Vincent and the Grenadines (SVG). This was annou...
    Spiritual Baptist group visits the former Prime Minister
    News
    Spiritual Baptist group visits the former Prime Minister
    Webmaster 
    February 20, 2026
    “In a nation rich with Spiritual Baptist heritage, the voices of its youth have too often gone unheard. Recognising this gap, Bishop Andres Quow and S...
    Rolled ice cream business is the rave
    News
    Rolled ice cream business is the rave
    Webmaster 
    February 20, 2026
    by Grace Francis A 27-year-old Vincentian entrepreneur has introduced what is believed to be the first rolled ice cream machine to St Vincent and the ...

    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