Divorce & Separation in Guyana

Navigating the end of a marriage can be one of life's most challenging experiences. At Canary Law, we provide clear guidance on the legal processes involved in divorce and separation under Guyanese law.

Understanding Divorce in Guyana

Under Guyana's Matrimonial Causes Act, divorce is only available after at least 3 years of marriage, except in cases of exceptional hardship or depravity. Guyana follows a fault-based divorce system, requiring the petitioner to prove one or more grounds for divorce.

Legal Grounds for Divorce

The recognized grounds for divorce in Guyana include:

• Adultery
• Unreasonable behavior
• Desertion for at least 2 years
• Separation for at least 2 years (with consent)
• Separation for at least 5 years (without consent)

The Divorce Process

The divorce process typically involves several steps:

1. Filing a divorce petition with the High Court
2. Serving the petition on your spouse
3. Your spouse files an acknowledgment of service
4. Court hearing for the Decree Nisi (provisional divorce)
5. After 6 weeks, application for Decree Absolute (final divorce)

Division of Assets

How marital assets are divided depends on several factors, including:

• Duration of marriage
• Each spouse's financial contributions
• Non-financial contributions (including child-rearing)
• Current and future financial needs
• Standard of living established during the marriage

Guyana law recognizes both financial and non-financial contributions to the marriage. The court aims for a fair distribution rather than an equal one, with the welfare of any children as the first consideration.

Child Custody & Support

When children are involved, the court considers:

• The best interests of the child
• The child's wishes (depending on age and maturity)
• Physical and emotional needs of the child
• Capability of each parent to meet the child's needs
• Any history of family violence

Both parents typically remain financially responsible for their children, regardless of custody arrangements. Child support amounts are determined based on the child's needs and the parents' financial circumstances.

Legal Separation

If you're not ready for divorce, a legal separation (judicial separation) may be an option. This allows you to live apart while remaining legally married, useful for couples who:

• Have religious or personal objections to divorce
• Haven't reached the 3-year marriage requirement for divorce
• Need time to consider the future of their relationship
• Want to maintain certain financial benefits of marriage