What’s the process to obtain a divorce in Jamaica?
Under Jamaican law a valid marriage may be terminated only by the death of one of the parties or by a decree of dissolution or divorce; a Decree Absolute pronounced by a court of competent jurisdiction. Therefore, where a spouse dies a divorce is not needed as the death ipso facto ends the marriage.
DIVORCE PROCEEDINGS IN JAMAICA WEST INDIES
Divorce proceedings in our jurisdiction are governed by the Matrimonial Causes Act (The Act). Essentially, the dissolution of a marriage is a judicial act and so cannot lawfully be obtained by any other means otherwise than by a court hearing. Divorce proceedings in Jamaica are dealt with in the Supreme Court of Judicature which is the only court of competent jurisdiction.
By virtue of section (5) of the Matrimonial Causes Act, there is only one ground required to show reason for the divorce and that is, that the marriage has broken down irretrievably. It follows that if the Court is not satisfied that there is an irretrievable breakdown of the marriage and so there is a reasonable likelihood of the parties resuming the marital relationship then the divorce will not be granted. Either party to the marriage who believes that the marriage has broken down irretrievably and so there is no likely prospect of reconciliation may apply to obtain a decree for the dissolution of the marriage. The application is by way of petition and so the applicant is the petitioner and the other spouse, the respondent.
In establishing to the court’s satisfaction that there is irretrievable break down of the marriage and a Decree Nisi is warranted, the petitioner must satisfy the court that they have separated and thereafter have lived separately and apart for a continuous period of not less than 12 months before the date of filing the divorce petition. Even where the parties may continue to reside in the same house or rendered some household services to the other, the Court may nevertheless find that the parties are separated and lived separately apart. It is the circumstances of the living arrangement that will be examined by the court in this regard to see if there is separation in fact and law.
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In this article, we examine the processes and intricacies involved in obtaining a divorce in Jamaica.
Who Is Eligible For A Divorce?
To qualify to make an application for divorce in Jamaica, the petitioner must be either:
* A Jamaican national
* Domiciled in Jamaica at the commencement of the proceedings
* Resides in Jamaica and had done so for at least 12 months immediately preceding the commencement of the proceedings.
Grounds For Divorce In Jamaica
Petitioners are not required to outline the circumstances leading to the breakdown in the relationship.
Irretrievable breakdown of the marriage is the only grounds for accessing divorce in Jamaica and this is determined by the court.
However, the court is obliged to enquire whether the parties have attempted counselling and whether there is any possibility of reconciliation.
The Process
Separation
The court will be satisfied that the parties have separated for a continuous period of 12 months even if they resumed cohabitation for an insubstantial time for up to three months in an attempt to reconcile during that 12-month period. The 12-month period would not have been interrupted in spite of such an attempt.
The parties could still be viewed as separated if they continue to cohabit in the same dwelling. This could be considered, for example, if one of the partners has removed from the matrimonial bedroom into another bedroom in the home, ceases to engage in sexual relations, or ceases to carry out household duties such as washing, cleaning or cooking on their spouse’s behalf.
Getting An Attorney
Under the new Civil Procedure Rules, divorce can be sought without an attorney, however it is advisable to get the assistance of an attorney or visit the Legal Aid Clinic for assistance.
Lawyers can provide support by:
Drafting the divorce petition
Obtaining the marriage certificate
Lodging the petition in court
Serving the petition on the respondent
Drafting documents outlining the plans for the care, maintenance and support of children
Requesting that the divorce be granted without a hearing
Negotiating for the settlement of property
Filing For Divorce
Step 1 – Filing the Petition
Once filed, the petition is not immediately returned to the attorney for service on the respondent. The first delay occurs due to the insertion of a step which, although not stipulated by the Matrimonial Proceedings Rules, requires the court’s registrar to vet the petition before signing and stamping.
Even where there are no errors in the documents, the petition may take an average of one month to be signed. It could take longer, if an error is noted, which would involve the petition being refiled.
Step 2 – Applying for Decree Nisi
Fourteen days after the petition has been served on the respondent (in Jamaica), who raises no challenge to the divorce proceedings, the petitioner may submit an application to obtain the first order in the divorce proceedings – the decree nisi.
The application is supposed to be submitted to a judge to be considered without the need for a hearing. What seems like a simple process in theory, could result in an average of six months before the application is placed before a judge.
Step 3 – Applying for Decree Absolute
Six weeks after decree nisi is granted, the petitioner may apply for the final order in the divorce proceedings (decree absolute). This, too, is an application which goes before the judge for consideration without the need for a hearing. It could take upwards of two months for the application to be placed before the judge.
If the couple has been married for less than two years there are some changes to the process that must be considered.
The affidavit in support of the application for permission to file a petition within the first two years of marriage must:
Provide proof of the marriage (e.g. a copy of the marriage certificate)
State the special circumstances which justify the hearing of the petition
Give particulars of any attempted reconciliation (an affidavit from the marriage counsellor would be helpful)
State whether there is a reasonable likelihood of a reconciliation
State whether there are any children, their names, ages, dates of birth and the arrangements for their care, maintenance and upbringing; and
Exhibit a copy of the proposed petition.
Contesting A Divorce
In some cases, one party to the divorce may not be ready to ‘throw in the towel’. In such cases, the divorce may be contested. It is then likely to take longer for a date to be fixed for the hearing and the petitioner may have to prove all the facts set out in the petition, including the fact of separation and that there is no possibility of resuming cohabitation. These situations do not occur frequently.
Possible Delays
The registrar of the Supreme Court vets and corrects each and every petition for dissolution of marriage before it is signed and returned to the attorney for service on the respondent. This process could take as little as three weeks or as long as eight weeks.
If there are errors in the petition, the registrar will notify the attorney so that the errors can be corrected and the petition resubmitted for signing. The time period for the completion of this process cannot be easily determined, as the petition could then go to the back of the queue before it can get signed.
When the application for the first order in the divorce proceedings (decree nisi) is filed, there is no formula for determining when it will be submitted to a judge for consideration. It could take as long as three months for the documents to reach the hands of a Judge. Some attorneys have resorted to having the matters heard in open court rather than waiting for them to be considered on paper.
The address for the Supreme Court of Jamaica is Public Building East,Barry St, Kingston, Jamaica.
FREQUENTLY ISSUED REQUISITIONS WHEN PROCESSING DIVORCE DOCUMENTS
Divorce documents are processed in accordance with the provisions of the Matrimonial Causes Act, the Civil Procedure Rules, 2002 (Amended) and various Practice Directions. Draft Forms were amended by the Rules Committee.
Please see Prescribed Form as Amended (Jamaica Gazette No.49 of 2015 and No.49c)
General Requisitions
Failure to conform to the wording of the Prescribed Forms, particularly standard paragraphs.
Failure to comply fully with requisitions issued or to comply at all.
The name of Petitioner/ Respondent does not correspond with what is presented on the marriage
certificate.
The place of marriage and the name of marriage officer do not correspond with what appears on the
marriage certificate.
The names of the Petitioner, Respondent or relevant child(ren) are not consistent throughout all the
documents filed.
The date of birth of relevant children is not consistent throughout the documents filed.
Jurat of Affidavits are defective i.e not signed, dated and place sworn is missing.
The Justice of the Peace does not write out his/her name or indicate the parish to which he/she is
assigned
The dates of particular documents are not correctly stated or referred to.
Failure to serve the Respondent/Respondent’s Attorney with the Notice of Application to Dispense
with Hearing and the Supporting Affidavit where an Aknowledgement of Service is filed.
Failure to file a County Clerk Certificate to verify the commission of the Notary who witnessed
Affidavits where such Affidavits are sworn in a non-commonwealth country.
Not including an e-mail address in the footnote of the documents.
2
Petition
The parties have not been separated for a year prior to the date of presentation of the Petition. See
section 5(2) of the Matrimonial Causes Act.
Where the Petitioner or Respondent is a female – failing to state how the person is described in the
marriage certificate.
Where the female does not take the name of the husband, failing to state that the said person did not
take the name of the husband.
Where parties continue to reside in the matrimonial home, albeit being separated – not adequately
describing the nature of separation to satisfy the Court that the parties are living separate and apart.
The Petition is not signed or dated.
Not stating the marital status of the parties at the time of the marriage.
Omitting the date of separation or not stating the said date clearly in the petition.
The name of the marriage officer and the place of marriage are not consistent with what is stated on
the marriage certificate.
To state the address the parties resided as husband and wife and since when.
State whether there were any attempts made at reconciliation.
The address for service of the Respondent is not the same as the address provided for the Respondent
in the body of the Petition.
No Acknowledgement of Service Form filed or only one Acknowledgement of Service Form filed.
Affidavit Accompanying Petition
Name and date of birth of the relevant child/children not stated or is stated incorrectly.
Failure to state how each party contributes financially to the maintenance of the relevant
child/children.
Affidavit of Service
Process Server is to state his occupation to determine the eligibility of the person to serve. Police
officers are not permitted to serve civil documents – See Section 13 of the Constabulary Force Act.
Dates of the documents served are incorrectly stated (especially the date of the Petition which is often
confused with the date of the Notice to the Respondent).
3
Failing to state the reason service was effected on the Respondent at an address different from the
address provided for the Respondent in the Petition.
Failing to file original photograph where respondent was identified by means of a photograph.
Where the respondent was identified by means of personal knowledge, Process Server failing to state
whether he/she knew the respondent to be the spouse of the petitioner and for how long.
Affidavit of Search
The date the search was done is missing.
The search must be sworn and filed on the same day on which the search is conducted.
The period of the search is missing.
Jurat incomplete.
Notice of Application to Dispense with Hearing
The date of service is incorrect.
The date of the marriage is incorrect.
The relevant provision of the CPR being relied on is not stated in the ground.
Where an amended petition is filed after service of the petition, failure to include a request for an
order to dispense with service of the Amended Petition.
Not including or correctly stating the period of time within which an Acknowledgment of Service or
Answer is to be filed.
Affidavit in Support of Notice to Dispense with Hearing
The date of separation and the circumstances that led to the breakdown of the marriage does not
accord with what is stated in the Petition.
The original marriage certificate (in the new format) is to be filed/ exhibited to this Affidavit.
Failing to state whether any attempts were made at reconciliation.
4
Where the Petitioner is present at the time of service, failing to state that he/she was present and that
he/she pointed out the Respondent to the Process Server as being his/her spouse.
The information with regards to the relevant child (ren) is not updated or is inconsistent with the
information in the Affidavit Accompanying Petition.
Decree Nisi
The name of parties/relevant child(ren) and date of birth/place of marriage incorrect.
Paragraphs 2 and 4 are not worded in accordance with Form MP.8 of the 2015 Amendments to Part 76 of
the Civil Procedure Rules as Amended.
Insert in brackets after the Petitioner’s/Respondent’s name the following ( described in the marriage
certificate as…) in cases where the names appear different on the marriage certificate.
Inclusion of orders for custody and access where none was prayed for in the Petition or not including the
said orders where same has been prayed for and granted by the Court.
Notice of Application for Decree Absolute
Pre-mature applications. Applications filed before the expiry of the 6 weeks from the date of the
Decree Nisi.
Application not dated.
The date of the Decree Nisi incorrectly stated.
The name and title of the Judge or Master who granted the Decree Nisi is;
(a) Incorrectly/ incompletely spelt or
(b) The wrong name stated
Affidavit of Search
The date of the Decree Nisi incorrectly stated.
Period of Search not included.
The date search was conducted, the date the Affidavit was sworn and filed not corresponding.
5
Jurat incomplete.
Affidavit in Support of Notice of Application for Decree Absolute
Copy of signed Decree Nisi not exhibited.
The date of the Decree Nisi incorrectly stated.
The name and title of the Judge or Master who granted the Decree Nisi
(a) Incorrectly/incompletely spelt or
(b) The wrong name stated.
Names and dates of birth of relevant child/children not correctly stated.
Arrangements for the relevant child/children not properly set out or updated.
Prayer at the end of Affidavit not included.
Jurat incomplete.
Decree Absolute
The date of the Decree Nisi incorrectly stated.
The name and title of the Judge or Master who granted the Decree Nisi (c) Incorrectly/incompletely spelt or
(d) The wrong name stated
Wife’s name as described in marriage certificate not properly stated or stated at all.
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Your objective is to exchange your current mortgage for one that reduces your rate and also increases your equity quicker. It is essential to be aware of the most common errors and also just how to prevent them when refinancing. Locating the most affordable rate of interest is a essential part of refinancing your residence. This will optimize your savings, and also make house re-finance even more worthwhile. This is simply one aspect of the equation. You have numerous alternatives to maximize a re-finance. These are the top techniques you must be following:
When you request a mortgage re-finance, one of the most crucial standards lenders will take into consideration is your credit report. One factor credit score improvement– from 679-680– can minimize your mortgage fees. This is $1,000 per $100,000 borrowed. Quick rescore can likewise assist to remove errors and also increase credit rating by approximately 100 points in a matter of days. A current study of nearly 6,000 consumers exposed that more than a 3rd located credit score reporting errors. Nearly 12% of study individuals uncovered errors that could influence their financing rate of interest. Greater rate of interest will increase your regular monthly repayments and also the long-term price of your home mortgage. It remains in your best interests to recognize credit score errors early and also repair them.
A Consumer Financial Protection Bureau study located that nearly half of house owners just requested a quote from one loan provider. Customers who were provided rates from a number of mortgage lenders saw their rate of interest visit approximately 50 basis points (0.50%). A cash-out re-finance can assist house owners obtain even more worth. This could be used to invest in house enhancements, university education and learnings, or promising businesses. You may likewise take into consideration a house equity lending, or house equity credit limit (HELOC), if you are wanting to borrow against equity for a much shorter term.
Refinance to a mortgage with a much shorter term is a common technique that house owners utilize. Refinances with 15-year terms are becoming much more preferred. You could likewise make added principal repayments to minimize your repayment duration. This technique allows you to avoid the high regular monthly repayments that a 15-year mortgage would certainly involve.
Expert Oriental Rug Cleaning, Repairing and Restoration
Welcome to Oriental Rugs Specialist, San Diego County’s best source for Oriental rug cleaning, repair, and restoration services. In business since 1929, we have eight decades of experience our customers can total on and excel at maintaining and restoring a spacious range of natural and synthetic fiber rugs and associated textiles, including Afghanistan rugs, Belgium rugs, Bokhara rugs, Chinese rugs, Couristan rugs, Flokati rugs, Indian rugs, Karastan rugs, Kilim Moroccan rugs, Navajo rugs, Pakistani rugs, Persian rugs, Sisal rugs, Stark rugs, Turkish rugs, and more. We never use unfriendly chemicals or abrasive scrubbing machines; instead, we intentionally and fully hand clean all rug that enters our facility. Additionally, we are terribly proficient at unadulterated rug repair and restoration, which includes everything from dye touch-ups to refringing to hole repair. We stand at the rear all of our acquit yourself following a 100% satisfaction guarantee and tag each rug during transit for security purposes. By providing quality workmanship following personalized service, competitive prices, and free pickup and delivery, we have earned a stellar reputation for value in the course of our customers in San Diego County and beyond.
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Expert Oriental Rug Cleaning, Repairing and Restoration
Welcome to Oriental Rugs Specialist, San Diego County’s best source for Oriental rug cleaning, repair, and restoration services. In business before 1929, we have eight decades of experience our customers can complement on and excel at maintaining and restoring a broad range of natural and synthetic fiber rugs and amalgamated textiles, including Afghanistan rugs, Belgium rugs, Bokhara rugs, Chinese rugs, Couristan rugs, Flokati rugs, Indian rugs, Karastan rugs, Kilim Moroccan rugs, Navajo rugs, Pakistani rugs, Persian rugs, Sisal rugs, Stark rugs, Turkish rugs, and more. We never use rasping chemicals or abrasive scrubbing machines; instead, we purposefully and abundantly hand tidy all rug that enters our facility. Additionally, we are terribly intelligent at solution rug repair and restoration, which includes whatever from dye touch-ups to refringing to hole repair. We stand behind all of our pretense like a 100% satisfaction guarantee and tag each rug during transit for security purposes. By providing atmosphere workmanship like personalized service, competitive prices, and pardon pickup and delivery, we have earned a stellar reputation for value in the middle of our customers in San Diego County and beyond.
At Oriental Rugs Specialist, we always understand the grow old to safeguard the integrity of each Oriental rug’s fibers and dyes. We purposefully inspect each rug before treating it and rely on our family’s time-tested hand cleaning approach. By using compressed ventilate to cut off dirt, grit, sand, and dust, and later submerging the rug in a series of baths for decontamination, hand washing, and rinsing, we effectively disinfect, sanitize, and tidy it. This process is plus ideal for removing pet urine stains, food stains, wine stains, mold, mildew, smoke odors, and extra substances from antique, semi-antique, and extra Oriental rugs. After the rug cleaning process is complete, our team of master weavers will quarters any rug damage caused by time, moth infestations, chemicals, pets, unsuitable care, or high pH cleansers. like an average of 35 years of experience, they are experts in rug reshaping, rug reweaving, color bleed correction, edge-work blocking, edge binding, re-dying, patching, sleeve casing repair, and many extra rug repair and restoration services.
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