Is
No-Fault Divorce Needed in The Bahamas?
By Barrington H. Brennen, July 31, 2024
It is my opinion that the divorce laws in The
Bahamas are archaic and must be changed. In
many cases, the Bahamas’ divorce laws are doing
more damage to individuals’ lives than a bad
marriage. I believe there is a need for more
practical and reasonable laws that can minimize
emotional frustration and psychological issues.
Hence, having a law that enables persons to
divorce on the grounds of irreconcilable
differences or irrevocable differences, is
greatly needed. This is usually called, in
many jurisdictions, a no-fault divorce.
I am not really comfortable with the term
“no-fault divorce.” Why? Because many people
think that it is a divorce based on no reason or
fault. This is not so. In many countries, a
no-fault divorce allows one spouse to file for
divorce without blaming the other or indicating
that it was either spouse’s fault. In the
United States of America, it commonly means
“the spouse who files simply needs to state that
there has been an irretrievable breakdown of the
marriage, irreconcilable differences, or
incompatibility (Irwin Mithcell’s article
entitled “No Fault Divorce”).” Hence, there is
a reason to divorce and a very painful reason,
but without this law, the pain is greater. I
prefer to use the term irreconcilable or
irrevocable instead of no-fault.
Why do I want the divorce laws to change?
First, in my private practice as a marriage and
family therapist, I have seen many individuals
who have endured painful marriages because the
divorce proceedings are too invasive or
disturbing. Also, many are forced to remain
longer in a relationship legally because they
are having difficulty making a legal case for a
divorce. Also, I have observed that often
there are more painful reasons than adultery
that can lead to divorce. Deception is one of
those reasons. Lies, cover-ups, broken
promises, repeated exposure to illnesses, and
verbal and emotional abuse, can be more painful
than a spouse committing adultery. Even where
there is sexual unfaithfulness in a relationship
the real reason for the divorce is painful
deception
In my article “Love, Humility and the Nagging
Good Wife” I indicated that divorce statistics
in The Bahamas show that it is not adultery that
is the number one legal reason for divorce. It
is cruelty which is often twice or three times
more than adultery. Why is this the case?
Because our legal grounds for divorce do not
have a ground on “irreconcilable difference” or
“broken down irretrievably, “the more likely
legal grounds spouses are choosing are “cruelty,
separation, and desertion” even if adultery is
involved. Some spouses are forced not to file
for divorce right away, even though it is
painful to remain in the relationship, so they
can qualify on the grounds of desertion to
separation. Sometimes this waiting time can
extend to a few more painful years being
connected to a spouse from whom one needs to be
disconnected.”
Here is another look at divorce as stated in my
previous article. “My research reveals that the
real reason the relationships have painfully
deteriorated to the point of emotional pain and
frustration is due to the infliction of pride,
stubbornness, and apathy from one spouse to
another. This is very, very serious, but it’s
not a ground for divorce in The Bahamas. Also,
this is not measured by the actual figures of
the divorce but by looking deep into each case
and discovering the issues.
I am stating that the majority of individuals
who got divorced in The Bahamas on the grounds
of cruelty did so because of emotional
exhaustion and pain due to years of complaint
and frustration caused by a spouse's refusal to
change. No, I have not investigated the
couples in the national statistics on divorce.
It is impossible. However, I am inferring, based
on my findings from the 1,000 couples in my
practice.
It is time to change the divorce laws in The
Bahamas. They are embarrassingly archaic. Take
a look at the grounds for divorce:
In The Bahamas, a husband or wife may petition
for divorce on grounds of:
1. Adultery
2. Cruelty
3. Desertion for two years (has deserted the
petitioner for a continuous period of at least
two years)
4. Separation for five years (living separate
and apart)
5. Homosexuality & Bestiality. (Since the
celebration of the marriage been guilty of a
homosexual act, sodomy or has had sexual
relations with an animal)
The wife may also do so on the ground that her
husband has since the celebration of the
marriage been guilty of rape.
Why is homosexuality and bestiality needed as
grounds for divorce when sex with anyone or
anything outside of the marriage should be
sufficient? It is just another example of how
the ancient British laws, having been influenced
by Aristotle and Greek philosophy, still hang as
a noose around our necks. Also, adultery and
cruelty seem simple to prove. In reality, the
unnecessary pain and misery of the divorce
proceedings have painfully changed many lives
because of the need for the burden of proof.
I am hoping that very soon we will be able to
listen to the debates to change our grounds for
divorce in The Bahamas
Barrington H. Brennen is a marriage and family
therapist. Send comments or questions to
question@soencouragement.org
or call 327 1980 or visit
www.soencouragement.org.
