Ja: Bill protects property rights of married and the common law

After 4 years of wrangling, the Jamaican House of Representatives passed a property rights bill which will protect the interests of both parties to a married or 5-year common law relationship.

In opening the debate Dr. Robertson ­ whose Ministry is responsible for gender issues ­ noted that the Bill, first referred to as the Family Property (Rights of Spouses) Act, would "charter new frontiers in family law" in Jamaica. The Development Minister noted that the Bill, already passed in the Senate, was unprecedented in not only providing for the equitable division of property between spouses on the breakdown of a marriage, but also the equitable division of property between spouses on the breakdown of common-law unions of five years or more.

This is long overdue, especially with regard to common law relationships into which so many women in the Caribbean enter.

Hopefully, the Family Property (Rights of Spouses) Act will also protect the rights of women who have been in common law relationships with married men, who never bothered to get divorced. Too often, the lot of these women have been distressful, especially when, sometimes after 20 plus years of the relationship, the man dies and his lawful wife moves in and siezes all the property he acquired with the common law wife.

While I do not advocate common law relationships -- they do a disservice both to women and children -- the rights of women in such relationship with either single or married men do need to be protected. This is a good first step.