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Jamaica Senate passes bill giving rights to common law unions
THE Jamaica Senate has passed the Family Property (Rights of Spouses) Act, which will give the same property rights to common law unions as granted to married
couples.
The act recognizes the rights of cohabitants or common-law spouses who have lived together for at least five years.
The legislation also provides determination of value and share of property among other things.
"Gone are the days when a man could say to his wife 'come outta mi house," government senator Keste Miller said.
"When you are in love everything is fine...but sometimes love finds another way," said Miller, who explained that the legislation was modeled partially on approaches taken in Australian and New Zealand legislatures.
Opposition member, Dorothy Lightbourne, in supporting the bill, harkened back to the "old days" when "men controlled the money and the woman's contribution was not recognized".
According to the bill, the basis of the legislation is aimed at correcting the lack of provisions for equitable division of property between spouses upon the breakdown of marriage as the basic principle governing property rights is "you own what you
buy".
"This has placed spouses who have never worked outside the home at an obvious disadvantage where there is a dispute as to the ownership of property, where proof of purchase or contribution to the purchase of the property in question is
required."
"There are also practical difficulties regarding proof of contribution since records of expenditure are not usually kept and contribution is often indirect," according to the bill.
In recognizing the binding nature of common-law unions, the legislation states that in seeking to enact these new
provisions, the government was aware of the social reality of men and women living together. "They build families together, they work together and they accumulate possessions together."
Added the bill:, "When the union breaks down, the parties experience the same kinds of financial dislocation as if they were married. In our society, legal solutions for the problems of family breakdown must address not only married couples, but also common-law spouses, if they are to be effective."
But while most members of both sides of the Senate were in agreement with the bill, Opposition senator, Anthony Johnson, sounded a somewhat cautionary note: "I don't want anyone to think that this legislation is encouraging people to split up by saying my time now," he said. The real issue, he said, was that people in unions should stick together and "not say bad things about each other".
"In some countries you stay with one partner for life," said
Johnson.
www.caribupdate.com
February 07, 2004
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Giamaica