THE EDITOR, Sir:
AS A matter of public policy, there ought to be an increased emphasis on the part of our elected officials to protect the institution of marriage, such that marriage is viewed as the fundamental model and foundation of our society and Government.
The legislative efforts of the Jamaican Government, which in recent times saw the passage of the Property (Rights of Spouses) Act of 2004 and the recently passed Maintenance Act 2005, run contrary to such a policy.
While I support, in principle, the enactment of these two pieces of legislation, as 'historic' as they may be and as effective as they may appear as measures providing against the historical inequity between the genders, these legislative measures serve to grant support to or otherwise encourage common-law unions.
ANTIQUATED
Common-law unions are antiquated and lacking any valid purpose in today's society. These unions serve or have the effect of transforming potentially 'subversive' unions, to the extent they serve or have the effect of undermining the social and legal rubric of marriage, into completely traditional relationships.
Common-law unions put in doubt the sanctity of marriage; they open the door to false pretences of marriage, and potentially present issues of concerns as to the certainty of rights pertaining to inheritance. These two pieces of legislation are prime sources for such eventualities.
Common-law unions, unlike traditional marriages, have the potential to cause problems. There are some who believe that so long as they have not subjected themselves to the formalities of a marriage ceremony, then despite their meeting the definition of a common-law marriage, they do not see themselves as being married. Thus, if there should be a dispute with the partner, third parties or government authorities, they may discover rather late that they have forfeited their rights or undertaken responsibilities contrary to their intentions. With a traditional marriage, such would not be the case.
EASY ACCESS TO CEREMONIAL MARRIAGE
Jamaica, today, is a society in which there are no formidable barriers to formal marriage. Access to both civil and religious authorities for a ceremonial marriage is easily accessible across the length and breadth of the country.
Whereas common-law unions might have served some useful purpose in primitive times when there were certain preconditions to traditional marriage, such is not the case today. The little man from Mocho or the big man from Cherry Gardens are both equally able to become married pursuant to the laws of our country, as long as both meet the requirements, among which, are nothing to do with their social status or economic situation.
It is time we decide to no longer sanction the behaviour of two individuals who engage in a 'meretricious' or 'illicit' relationship, the kind of a common-law union, and commit ourselves to promoting traditional marriages, legislatively and otherwise.
I am, etc.,
KEVIN K. O. SANGSTER
sangstek@msn.com
Attorney-at-law
New Jersey
Via Go-Jamaica
