Sherry-Ann McGregor

Knowledge itself is power.

- Sir Francis Bacon

As the law continues to evolve to meet the changing needs of our society, it becomes increasingly important for us to know our rights and adjust our activities and affairs to embrace these changes.

In reflecting on the developments in the law during the year 2006, three very significant legislative and procedural changes in family law are worthy of note; namely the Maintenance Act, the Property (Rights of Spouses) Act and the new Matrimonial Proceedings Rules.

Ripe for change

The law was ripe for change as the old Maintenance Act and the Married Women's Property Act dated back to the 19th century and even the more modern Matrimonial Causes Rules, which were enacted in 1989, had become outdated.

Even some persons who champion the cause for gender equality debated whether the new gender-neutral legislations would merely translate into an opportunity for less ambitious men to take advantage of their more accomplished female partners.

Some suggested that any law which will allow men to apply for maintenance from their spouses, is likely to result in the proliferation of 'wutlis' men and it has taken some convincing for them to realise that the safeguards which are built into the legislation, will not simply allow men to succeed on applications for maintenance where they never contributed to their spouse's well-being or to the household.

Pre-nuptial and maintenance agreements

It is left to be seen whether the opportunity will be taken to forge pre-nuptial and maintenance agreements, when the inherent fear is that broaching the topic with one's partner may precipitate the breakdown of the relationship. Most persons still anticipate that their partners may view a pre-nuptial agreement as a 'get-out-of-jail-free' card or an easy way to end a relationship.

In 2007, it is hoped that the new Matrimonial Proceedings Rules will result in the easier resolution of matrimonial disputes, and that the divorce procedure will be simplified. However, there are many more laws which remain to be addressed:

The amendments to the Offences against the Person Act are already more than 12 years in the making. Will 2007 be the year in which rape is redefined so that both men and women may be charged for rape? Will the law clearly state that a man can rape his wife?

The draft Victims Charter and the Charter of Rights are already far advanced, and public education campaigns and the participation of all stake-holders are vital to the enactment of sustainable and appropriate legislations. Will Parliament include the right to health in the Charter of Rights, or will they review the provisions which the Lawyer's Christian Fellowship view as a loophole to circumvent the buggery laws?

When viewed from any perspective, the New Year promises to be another very interesting one on the legal landscape.

Sherry-Ann McGregor is a partner and mediator with the firm Nunes, Scholefield, DeLeon & Co. Send feedback and questions to lawsofeve@yahoo.com.