Obtain a Divorce in Jamaica

8/18/2019 Obtain a Divorce in Jamaica

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! A Jamaican national

! Domiciled in Jamaica at the commencement of the proceedings

! 'esides in Jamaica and had done so for at least () months immediatel preceding the

commencement of the proceedings.

Grounds For Divorce In Jamaica

*etitioners are not re$uired to outline the circumstances leading to the brea%down in the

relationship.

Irretrievable brea%down of the marriage is the onl grounds for accessing divorce in Jamaica and

this is determined b the court.

However, the court is obliged to en$uire whether the parties have attempted counselling and

whether there is an possibilit of reconciliation.

The Process

Separation

#he court will be satisfied that the parties have separated for a continuous period of () months even

if the resumed cohabitation for an insubstantial time for up to three months in an attempt to

reconcile during that ()+month period. #he ()+month period would not have been interrupted in spite

of such an attempt.


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#he parties could still be viewed as separated if the continue to cohabit in the same dwelling. #his

could be considered, for e"ample, if one of the partners has removed from the matrimonial bedroom

into another bedroom in the home, ceases to engage in se"ual relations, or ceases to carr out

household duties such as washing, cleaning or coo%ing on their spouses behalf.

Getting An Attorne

!nder the ne" -ivil *rocedure 'ules, divorce can be sought without an attorne, however it is

advisable to get the assistance of an attorne or visit the egal Aid -linic for assistance.

Lawyers can provide support by:

Drafting the divorce petition

Obtaining the marriage certificate

odging the petition in court

erving the petition on the respondent

Drafting documents outlining the plans for the care, maintenance and support of children

'e$uesting that the divorce be granted without a hearing

0egotiating for the settlement of propert

Filing For Divorce

Step # $ Filing the Petition

Once filed, the petition is not immediatel returned to the attorne for service on the respondent. #he

first dela occurs due to the insertion of a step which, although not stipulated b the 1atrimonial

*roceedings 'ules, re$uires the court2s registrar to vet the petition before signing and stamping.


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3ven where there are no errors in the documents, the petition ma ta%e an average of one month to

be signed. It could ta%e longer, if an error is noted, which would involve the petition being refiled.

Step % $ Appling &or Decree 'isi

4ourteen das after the petition has been served on the respondent 5in Jamaica6, who raises no

challenge to the divorce proceedings, the petitioner ma submit an application to obtain the first

order in the divorce proceedings + the decree nisi .

#he application is supposed to be submitted to a 7udge to be considered without the need for a

hearing. What seems li%e a simple process in theor, could result in an average of si" months before

the application is placed before a 7udge.

Step ( $ Appling &or Decree Absolute

i" wee%s after decree nisi is granted, the petitioner ma appl for the final order in the divorce

proceedings 5decree absolute6. #his, too, is an application which goes before the 7udge for

consideration without the need for a hearing. It could ta%e upwards of two months for the application

to be placed before the 7udge.

I& the couple has been married &or less than t"o ears there are some changes to

the process that must be considered)

#he affidavit in support of the application for permission to file a petition within the first two ears of

marriage must&

• *rovide proof of the marriage 5e.g. a cop of the marriage certificate6


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• tate the special circumstances which 7ustif the hearing of the petition

• 8ive particulars of an attempted reconciliation 5an affidavit from the marriage counsellor

would be helpful6

• tate whether there is a reasonable li%elihood of a reconciliation

• tate whether there are an children, their names, ages, dates of birth and the arrangements

for their care, maintenance and upbringing9 and

• 3"hibit a cop of the proposed petition.

*ontesting A Divorce

In some cases, one part to the divorce ma not be read to 2throw in the towel2. In such cases, the

divorce ma be contested. It is then li%el to ta%e longer for a date to be fi"ed for the hearing and the

petitioner ma have to prove all the facts set out in the petition, including the fact of separation and

that there is no possibilit of resuming cohabitation. #hese situations do not occur fre$uentl.

Possible Delas

(. #he registrar of the upreme -ourt vets and corrects each and ever petition for dissolution of

marriage before it is signed and returned to the attorne for service on the respondent. #his process

could ta%e as little as three wee%s or as long as eight wee%s.


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). If there are errors in the petition, the registrar will notif the attorne so that the errors can be

corrected and the petition resubmitted for signing. #he time period for the completion of this process

cannot be easil determined, as the petition could then go to the bac% of the $ueue before it can get

signed.

:. When the application for the first order in the divorce proceedings 5decree nisi 6 is filed, there is no

formula for determining when it will be submitted to a 7udge for consideration. It could ta%e as long as

three months for the documents to reach the hands of a Judge. ome attornes have resorted to

having the matters heard in open court rather than waiting for them to be considered on paper.

+esources From The Gleaner

,ere are some use&ul lin-s to FA.s about divorce in Jamaica

Divorce in Jamaica

/ore divorce 0uestions ans"ered

Divorce chec-list

Find a divorce la"er on diGJamaica

Divorce Checklist

*ublished&1onda ; Januar )


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1c8regor

•

/arriage has serious legal conse0uences because it is a contract "hich creates ne" rights and obligations)

!nli-e other contracts "hich parties see- legal advice on1 most persons "ho are contemplating marriage do

not consider the legal e&&ects o& it or see- advice unless the "ish to sign a prenuptial agreement) What is

e0uall true is that married couples readil see- advice regarding 2ho" to get divorced2 and 2"hat am I

entitled to receive?2 at the &irst sign o& trouble)

Here is a list of $uestions to consider when deciding whether ou are li%el to obtain a divorce decree&

#) ,o" long have ou been married?

8enerall, ou must have been married for at least two ears before ou can petition for divorce. However, ou ma

appl to the court for permission to file a petition before two ears have elapsed if there are special circumstances

which 7ustif the ma%ing of such an order.

%) ,o" long have ou been separated?


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>ou must be separated from our wife or husband for at least () months before ou can petition for divorce. #hat ()+

month period of separation could have occurred within the first ear of marriage9 and a couple ma be separated

while living under the same roof.

() What is the reason &or our separation?

>ou no longer need to prove that one part to the marriage caused the brea%down of the marriage through infidelit,

cruelt, desertion, etc. However, ou must satisf the court that the marriage has bro%en down irretrievabl and that

there is no li%elihood that cohabitation will be resumed. In establishing these facts, ou will be re$uired to briefl state

the reason for the separation.

3) ,ave ou attempted counselling and reconciliation?

#he court is entitled to as% whether the parties attended counselling and attempted reconciliation9 so it is advisable to

e"plore these matters before filing the petition for divorce.

4) Do ou have children?

If ou have children who are under (? or )( ears old, and attending a tertiar institution, the court will onl grant the

divorce if the 7udge is satisfied that ade$uate arrangements are in place for their care. @uestions will arise regarding

living accommodations, school arrangements and maintenance when this assessment is being made.

5) Are ou entitled to &ile our petition in the Jamaican court?

#he Jamaican upreme -ourt will onl entertain petitions where either part is a Jamaican national, domiciled in

Jamaica or ordinaril resident in Jamaica for at least () months immediatel preceding the presentation of the

petition.

6) Do ou have an original /arriage *erti&icate?

#he original marriage certificate will need to be presented to the -ourt when the application is being made for

the Decree 0isi.

herr Ann 1c8regor is a partner and mediator in the firm of 0unes cholefield Deeon -o. *lease send

$uestions and feedbac% to lawsofeveBahoo.com or lifestleBgleaner7m.com.
mailto:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]

Obtain a Divorce in Jamaica

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