While we continue to grapple with delays within our court systems, and lawyers ashamedly advise their clients that they are unable to estimate how long it is likely to take to get a divorce in Jamaica, the rest of the world keeps adjusting their practices to meet the needs of litigants.

We must face the reality that divorce rates have increased since the Matrimonial Causes Act was amended in 1989 to establish a single basis for divorce; that is, that the marriage has broken down irretrievably. The fact that the parties only need to be married for two years and separated for one year suggests that it has become much easier to obtain a divorce than in previous times when adultery, desertion or abuse had to be proven.

The reality is that, before the Matrimonial Proceedings Rules were introduced in the Supreme Court in September 2006, it was reasonable to suggest that parties could obtain a final divorce decree within six to nine months after filing the Petition for Dissolution of Marriage. Unfortunately, the repeated complaint is that no such predictions are possible under the current dispensation.

I have often wondered whether we are barking up the wrong tree by continuing to complain about delays in the court. Are there more creative solutions which we may be able to adopt from other jurisdictions?

Canadian process

The Canadian divorce process is one case in point where, apart from ensuring that parties no longer need to attend court to get divorced, they have introduced joint divorce applications. In this way, where couples are in agreement that the marriage has ended and there are no issues regarding property, maintenance or children, a joint divorce application ensures a speedier resolution of the divorce proceedings.

In some jurisdictions, even more advanced measures have been introduced to save litigants money, time and to minimise the acrimony which is often associated with court adjudicated family proceedings. The concept is known as a Collaborative Divorce Process. It has been introduced in Canada, Australia and the United Kingdom.

The process involves family lawyers, psychologists, counsellors, mediators, accountants and financial specialists working collaboratively and cooperatively to assist their clients to resolve family law disputes out of court. Some of the advantages of the process are that the litigants retain control of the divorce process; they avoid going to court; they are better able to establish the needs of the children as a priority; the solution is engineered to meet the needs of the parties and the focus is on settlement, rather than court preparation.

Violent history

It is true that not all matters are ideal for such a process. Where there is a history of violence between the parties or one party is seeking revenge or refuses to disclose his or her financial position, the process will not work. However, if there is a desire to spare the children the emotional distress and property and financial matters are capable of being resolved, the expenses of a court process could be avoided.

As the needs of our society change and the available resources are no longer capable of addressing those needs, creative solutions need to be considered.

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