THE MATRIMONIAL CAUSES ACT

1 THE MATRIMONIAL CAUSES ACT. ARRANGEMENT OF SECTIONS. Preliminar?, 1. Short title. 2. Interpretation. 3. Supreme Court to have jurisdiction in MATRIMONIAL CAUSES . Suits o f Nullify o f Marriage 4. Grounds for pronouncing decrees of nullity of maniage. Suits for Dissolution of Ahrriclge 5. Dissolution of marriage. 6. Meaning of separation. 7. Effect of resumption of cohabitation. 8. Restriction on petitions during early years. 9. Proceedings for decree of presumption of death and dissolution of maniage. Injunctions or ofher Orders 10. Court may grant injunctions or make other orders in relation to protection of parties, children or property, etc. Counselling and Reconciliation 11.

2 Conciliation. 12. Counselling. 13. Confidentiality of information given to maniage counselors. -14. Obligation of marriage counsellors to maintain confidentiality. Grounds for Jurisdiction of Court 15. Grounds for Jurisdiction of Court. Decree Nisi ad Decree Absolute 16. Decree nisi in first instance. 17. Decree absolute. (The Inclusion of this page is authorized by 180A120061. U ATRLMONUL CAUSES . 18. Rescission of decree on reconciliation. 19. Rescission of decree for miscarriage of justice. Power of Court to Make Certain Financial Provisions 20. Powers of Court to make provision for spouse. 2 1. [Deleted by Act 30 of 2005, S. 28(l)(a).]. 22. Supplementary provisions as to maintenance, settlement of property, etc.)

3 Dispositions and Orders Pending and After Suits 23. Orders re custody, maintenance and education. Recognition of Foreign Decrees 24. Recognition of foreign decrees. Ancillary Provisions 25. [Deleted by Act 30 of ZOOS, S. 28(l)(a).]. 26. Avoidance of transactions intended to prevent relief. 27. Restrictions on decrees for dissolution or nullity. 28. [Deleted bv Act 30 of 2005, S. 28(l)(a).]. 29. Power to provide for supervision of children. Practice and Procedure of Court 30. Notice of petition. 3 1. Examination of petitioner. 32. Examination of witnesses. 33. Costs. Miscellaneous 34. Domicile. 35. Abolition of decrees of judicial sepmtion, restitution of conjugal rights and damages by a husband against adulterer.

4 36. Power of Minister to amend Schedule. [The inclusion of this page is authorized by 180A120061. MATRIMONIAL CAUSES 3. Acts THE MATRIMONIAL CAUSES ACT 2 of 1989, 30 of 2005. S. 28, [lst February, , 4 of zoo4. S. 25. Preliminary 1. f i i s Act may be cited as the MATRIMONIAL CAUSES Act. short title. 2. In this Act- Interprets- tion. "adopted" means adopted in pursuance of an adoption order made under the Children (Adoption of) Act, or in pursuance of an adoption order made in a country other than Jamaica and recognized by the law of Jamaica as confemng upon the child in question, in relation to the child's custody, maintenance and education, the status of a child of the adopter or adopters.]]

5 "appointed day" means 1st day of February, 1989;. "approved mamage counsellor" means a person who has been approved as such pursuant to the provisions of the Schedule; Schedule. " MATRIMONIAL CAUSES " means- (a) proceedings between the parties marriage for a4. decree of dissolution of marriage or nullity of marriage;. (b) proceedings for a declaration as to the validity of a marriage or of the dissolution or annulment of a marriage by decree or otherwise;. (c) proceedings for a decree of presumption of death and dissolution of marriage;. (6) proceedings between the parties to a marriage in respect of- [The inclusion of this page is authorized by LN. ROd2008]. MATRIMONIAL CAUSES .

6 (i) the maintenance of one of the parties to the marriage; or (ii) the custody, guardianship'or maintenance of, or access to, a relevant child;. (e) applications for injunctions or other orders pur- suant to section 10;. (f) any proceedings or applications ancillary to proceedings or applications (whether concurrent, pending or completed) referred to in paragraphs (a) to (e) of this definition;. "relevant child" means a child who is- (a)' a child of both parties to the marriage in question;. or (b) a child of one party marriage who has been accepted as one of the family by the other party, and in paragraphs (a) and (b) of this definition "child" includes adopted child and a child of a void marriage.

7 Supreme 3. The Supreme Court (hereinafter referred to as "the Court"). Court to have jurisdiction in shall have and exercise, subject to the provisions of this Act, MATRIMONIAL jurisdiction and 'power in relation to MATRIMONIAL CAUSES CAUSES . instituted or continued under this Act. Suits for Nullity of Marriage Grounds for ) Decrees of nullity of marriage may be pronounced by pronouncing decrees of the Court on the ground that the marriage is void on any of the nullity of following grounds, that is to say- marriage. (a) one of the parties to the marriage had a husband or wife living at the time of the marriage;. (b) the marriage was void under the provisions of the Marriage Act or any other laws relating to marriage in force for the time being in Jamaica.

8 [The inclusion of chis page i&authoripd by LN. 80AR008]. MATRIMONIAL CAUSES . (c) in the case of marriages celebrated on or after the 1st day of February, 1989, the consent of either of the parties to the marriage was not a valid consent because- (i) it was obtained by duress or fraud; or (ii) one party was mistaken as to the identity of the other party or as to the nature of the ceremony performed; or (iii) one party was mentally incapable of under- standing the nature and effect of the marriage ceremony at the time of the marriage; or (d) the parties to the marriage were, at the time of the marriage, of the same sex. (2) For the purposes of this section marriage includes a purported marriage.

9 (3) Nothing in this section shall be construed as validating any marriage which is by law void but with respect to which a decree of nullity has not been granted. Suirs for Dissolution ofMarriage 5 - 4 1 ) A petition for a decree of dissolution of marrigae Diwolution may be presented to the Court by either party to a marriage obm=&P. on the ground that the marriage has broken down irretriev- ably. (2) Subiect to subsection (3), in proceedings for a decree of dissolution of marriage the groiind shall be held to have been established. and such decree shall be made. if, and only if. the Court is satisfied that the parties separated and thereafter lived seDarately and mart for a continuous period of not less than twelve months immediately precedin?

10 The date of filing of the petition for that decree. F e inclusion of this page is authorized by 50/1990]. 6 M A TRlMONlAL C A USES. (3) A decree of dissolution of marriage shall not be made if the Court is satisfied that there is a reasonable like- lihood of cohabitation being resumed. Meaning of (1) The parties to a marriage may be held to have separation. separated notwithstanding that the cohabitation was brought to an end by the action or conduct of cne only of the partie5. (2) The parties to a marriage may be held to have separated and have lived separately and apart notwith- standins that they have continued to reside in the same residence or that either party has rendered some household services to the other.