IT IS not often that the passage of legislation earns a standing ovation from both sides of the aisle in our nation's Parliament. The Family Property (Rights of Spouses) Act was so acclaimed last Tuesday as the House of Representatives signed off on what some have deemed to be one of the most important pieces of social legislation to be enacted into law. Despite the fact that it had taken all of three decades for the Act to make its way through the slow process of the legal maze, its eventual emergence deserves all the approval which it has been accorded.
Of the various interest groups which have stood in support of the measure, none have been more euphoric than the women's action groups and rightly so. For too long, the law has been prejudicial in its treatment of the female spouse in marital relationships when it came to the disposal of property upon the dissolution of a union. In effect, women have been treated as chattels, subject to the whims and fancies of their male partners, because the law permitted it.
Many women who toiled to help build the matrimonial home (be the relationship traditional marriage or faithful concubinage) found themselves dispossessed and with no redress. Children too were victims of unjust distribution of their inheritance. In these and other ways, the law seemed stacked against equity and justice in the matter of family property and respect for the rights of the individual.
Thanks now to the persistence and determined advocacy of those who have pursued the cause all these years, the anomalies are being corrected. A new chance is being given to place relationships on a footing of mutual respect, regardless of class or gender. In the words of a leading advocate, "At last the circle has been squared." The public will have to become familiar with the various clauses of the Act and make the connection towards building more effective family life structures.
While it is admitted that such structures do not rest only on consideration of property and financial resources, it does offer a better chance for success when there is security of household tenure. The history of our family relationships, especially in contemporary times, is rife with domestic violence and alienation triggered by squabbles over property rights. It is now time for that to be put behind us and move ahead to creating stable homes, founded on real love and respect.
The Act will not be a panacea for all that ails the family, but it certainly will go a long way to curing some of the ills which have beset us for too long. The Government needs now to encourage wide knowledge of what the Act entails and encourage all areas of civil society to take it into consideration, so that the quality of life may be improved.
Some persons may be disapproving of the fact that common-law marriages have been given legitimate currency. The fact remains that for thousands of our people over time, this has been the prevailing form of alliance. It could be argued that there is room for moving persons towards formal marriages but until that happens, no one should be dispossessed or disenfranchised in matters such as property rights. In any case, a minimum time (five years) has been included in the legislation to avoid frivolous or wanton use of the relevant clause.
If at the end of the day, we succeed in helping persons to have a greater respect for the rights of others, then the Act will have served its purpose.
