The often risky financial position of women in non-marital relationships may become a thing of the past, if sweeping family law reforms promoted by the Grenada Spotlight Initiative are passed.
Spotlight believes the laws on the books are archaic and should reflect reality and family structures as they are now, so that women in non-marital unions can be adequately protected.
In this regard, we hear that legal drafters and stakeholders are in discussions with Spotlight on recommendations that recognize unions other than marriage.
The Grenada Spotlight Initiative “is designed to focus attention, coordinate human effort, and strategically apply resources to the implementation of a well-conceived comprehensive national programme contributing to end family violence and all forms of violence against women.
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It’s exploring circumstances where cohabiting partners would have rights to apply for spousal maintenance in the event of relationship breakdown.
Spotlight is also spearheading proposals for legal reform which addresses rights to the division of property when cohabiting partners go separate ways.
Further, it is pushing for legal reform on the inheritance rights of ‘common law’ spouses in Grenada and this is because common-law spouses, currently, have no right to an interest in their deceased partner’s estate.
Spotlight sees legislation in this regard removing inequalities between lawful marriage and common-law unions, correcting outdated legislation with no real relevance to the Caribbean region.
Proposed reforms fall under Sustainable Development Goals (SDGs), particularly as it concerns eliminating gender inequality and Article 16 of the Convention on the Elimination of Discrimination against Women, ratified by Grenada in 1990.
State parties are obliged to commit to taking all appropriate measures to eliminate discrimination against women in all matters relating to marriage and family relations, on the understanding that the UK Matrimonial Clauses Act 1973, (as amended) applicable in Grenada is ill-suited to the country.
Spotlight says it does not recognize how the family is commonly understood and allows no rights to maintenance after a cohabiting relationship.
It makes no provision for unions other than marriages and ignores the prevalence of non-marital unions in Grenada and in the region at large.
New legislation being proposed, given effect, will extend the 2010 Domestic Violence Act which currently provides partial relief and offers some recognition of non-marital unions.
Stakeholders and Policymakers are said to be looking at whether there’s to be a limitation that the property must have been acquired during the course of the relationship to qualify for a declaration of interest.
This and more concerning new legislative reform initiatives concerning women rights relative to their non-marital status.
