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Laws relating to the family

The laws serve to protect the interests of family members, primarily the children and those

who were once considered as illegitimate members. It is with such knowledge thatCaribbean governments have implemented family laws to ensure equal status for

inheritance.

Children and the LawChildren have been neglected for a long period until their well being came under threat in

recent times. The attacks on children have captured the attention of the Caribbeangovernment who have moved swiftly to implement the Child care and Protection Act.

Jamaica and Antigua and Barbuda have passed a detailed child protection law in 2003. This

act provides definitions of child abuse and neglect, procedures for responding toallegations and judicial remedies. In essence, the child care protection act speaks to the

welfare of the child.

Maintenance ActMost Caribbean countries have put in place Maintenance Act to protect the well being of the

children. This act is designed to ensure that the parents /guardians maintain the children

who are under the age of 18 years. It also ensures that single parents receive some

financial support from the other parent. In the event that one of the parent fails to carry outhis/her responsibility towards the child, the Family Court can intervenes and issue an order

which if violated leads to imprisonmentCareless acts undertaken by parents such as leaving young children un attended for alengthy period without a just reason are subjected to be penalized by the hands of the law

under the Maintenance Act. The safety of children is a priority outlined in this Act.

Laws relating to inheritanceInheritance - the property or money which has been passed from a dead person to his or

her beneficiary.

The Succession Act deals with matters relating to inheritance. In the past, there had been

a legal discrimination against common-law wives and children born out of wedlock. Inrecent time, changes have been made to this act abolishing any legal distinction betweenchildren born in wedlock and those born out of wedlock and giving equal status forinheritance to surviving common-law wives.

The following outlines the circumstances surrounding inheritance of property and rights toclaim:1. Where the deceased persons does not leave a will:

The surviving spouse is entitled to the entire property if there is no child/children ornext of kin

The surviving spouse is entitled to two-thirds of the property if the deceased leavebehind a child, who would receive the remainder of the property

If there are more than one child, the spouse will receive one-third of the propertyand the remainder divided equally amongst the children

The above specifications are assiduously enforced in Barbados.

Laws relating to marriage and divorce

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Have you ever given thought to the divorce rate in the Caribbean? If not, do so now. I can

tell you, it is alarming. One might agree that the amendments made to the divorce laws

have made it easier for couples to be granted a divorce. What are these amendments?

Amendments made to the Divorce laws

The ground for divorce was usually based on common acts such as infidelity, abuse,desertion, among other things. Recent amendments have abolished these groundsand allow for partners to show evidence in court that the marriage is broken downand irretrievable.

A divorce will be granted if the partners provide proof to the court that they havebeen living separate lives for a continuous period of not less than twelve monthsbefore the date of filing the application for the divorce

The court will not listen to cases that profile partners who have been married for lessthan two years and have not made extensive use of marriage counselling in anattempt to reconcile differences.

Divorce signals the separation of a union. However, the separation does not mean that allties between both parties will disappear. There are instances where one party may not beable to fully support him/herself for varying reasons; therefore, the other party will have tomaintain that party.

The following reasons give credence to maintenance by one party:

One partner may not be able to engage in meaningful work because of physical,psychological or mental conditions

One party may have to take care of children born in the marriage

Alimony - this term is used to describe the money that the court orders a partner (whetherman or woman) in a marriage to pay to the other partner as maintenance after divorce.