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The Editor Speaks: Do you agree with no-fault divorce?

Although the Cayman Islands has a high divorce rate (in 2010 it was reported as 5th highest per capita in the world -UN), it has one of the most strict divorce legislations.

Now the Law Reform Commission has presented three bills for discussion that will make the divorce process much easier.

Proposals include eliminating the present fault-based system to the commonly accepted reason of irretrievable breakdown, a proposal to reduce the current separation period of two and five years to 12 months before the dissolution of a marriage, mediation, recognition of pre-nuptial agreements, gender equality in maintenance proceedings, and removing the remaining legal provisions distinguishing between children regarded as illegitimate and legitimate.

This has instigated a petition from a group named CitizenGo called “Let’s Protect Marriage in the Cayman Islands” to be presented to the Governor of the Cayman Islands. The petition states:

“The Cayman Islands is considering bills to allow no-fault divorce and eliminate damages for adultery. These proposals undermine and devalue the institution of marriage and are contrary to the Christian values that Caymanians hold dear.

“The Law Reform Commission’s proposals are actually likely to increase divorce and break more families apart. As W. Brad Wilcox has written, “The nearly universal introduction of no-fault divorce [in the United States] helped to open the floodgates, especially because these laws facilitated unilateral divorce and lent moral legitimacy to the dissolution of marriages.” Children of divorce are two to three more times likely to suffer severe social or psychological pathologies, says Wilcox. Making divorce easier through the adoption of no-fault divorce will hurt children and families.

“Likewise, eliminating damages for adultery is likely to increase infidelity and undermine marriages further. Adultery should be strongly discouraged and the victim should be compensated for the harm done. Payment of damages is another way to discourage adultery and compensate victims

“Sign the petition to protect marriage and to tell the government to reject the Law Reform Commission’s proposals!”

Go to:

Most of the changes seem to be based on the practices performed in the USA where the divorce rate is one of the highest in the world, The only recommendation I can agree with is the need for mediation.

Marital expert Cathy Meyer says on the website “Life About” – “People end up in divorce court because they wait too long to find solutions to the problems in their marriage. We are a nation of highly independent people and in my opinion that independence we covet stands in the way of us being able to humble ourselves and ask for help from each other—and the experts.

She goes on to say, “There is an inability in America to fight, make-up, forgive, and get on with the marriage……. I see an unwillingness to give over control to each other. It is called “mutual submission” and in my experience, I see very few people willing to yield control to their spouse. The “my way or the highway” mentality is destroying good marriages …….. Declining morals and the skewed belief that straying outside the marriage is justifiable if your needs aren’t being met …… We live in a disposable society. Marriages are thrown away in the same fashion one would toss an old pair of shoes….. We marry expecting someone else to make us happy, instead of creating our own happiness.”

Meyer also makes the point that “very few marriages recover from infidelity”.


Most people, before they decide to marry, have no idea how much work it takes to make a marriage work. I know. I have been married to my present wife for 35 years. My first marriage broke up because of the infidelity of my former wife, who got pregnant and ended up marrying the father of her child.

If it’s hard here to get a divorce why make it easier? However, when violence is involved that is a huge exception. Therefore, I cannot accept a ‘no-fault divorce’.


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