Divorce is a word often accompanied by a myriad of emotions, from relief and liberation to sadness and uncertainty. It marks the end of one chapter and the beginning of another in the complex story of a person's life. While it's a subject that may be difficult to discuss, it's a reality that millions of individuals face worldwide. Here are a few things to take into consideration if you wish to get divorced in Jamaica.
Requirements For Divorce
In order to initiate divorce proceedings in the Supreme Court of Jamaica, one of the parties must meet the following criteria: either be a Jamaican citizen, have established domicile in Jamaica, or have maintained residency in Jamaica for the preceding 12 months before filing the Petition.
The marriage should be greater than two (2) years;
The parties have experienced a separation lasting a minimum of 12 months. According to the legal framework, a couple can be considered as having separated and lived independently, even if they have resided under the same roof during this time, or if either party has provided certain domestic services to the other.
The marriage has broken down irretrievably - Stating that a marriage has irretrievably broken down essentially implies that there is no possibility of repairing the relationship. Nevertheless, it's important to emphasize that divorce proceedings in Jamaica do not require the need to establish fault on the part of any party involved.
A Summary of the Divorce Procedure
The Petitioner's Attorney will prepare and file the requisite Petition and supporting documents at the Registry of the Supreme Court of Jamaica (the Petition should first be stamped at the Stamp Office of Jamaica before being filed).
Once the Registrar certifies the Petition, this should be served personally on the Respondent, who has a specified time within which to file an Acknowledgement of Service and if necessary an Answer in Response to Petition etc.
Where the Respondent fails to file the Acknowledgement of Service within the stated time or does not object to any aspect of the application, the court may proceed with dispensing with the hearing of the matter, and assess the Petition as filed.
If the filed Petition is approved, a Decree Nisi will be granted.
Six weeks after the granting of the Decree Nisi, an application for a Decree Absolute may be filed by either party.
The process is completed once the Supreme Court of Jamaica grants the Decree Absolute.
Other Orders that may be Considered
In addition to obtaining an order to dissolve the marriage, the parties may seek additional orders, such as:
Custody, Care, and Control of the Child – The parties can establish an agreement outlining the protection of the children's interests. In the absence of such an agreement, they can either seek an order from the Family Court or have the Supreme Court of Jamaica consider their application as part of the divorce proceedings.
Maintenance of the Child - Child Maintenance is a shared responsibility, but it's not always divided equally. The court will distribute this responsibility based on each parent's financial capability. It considers the contribution made by the parent living with the children and calculates the specific amount the non-residential parent must pay.
Spousal Maintenance - Spousal maintenance aims to address the reasonable needs of the recipient, which typically align with the marital standard of living. However, it's not meant to provide unlimited support; instead, it aims to help the spouse become self-sufficient. Therefore, the recipient must have a genuine need, and a Means Assessment will be conducted to assess the capacity to meet these needs. The objective is to facilitate financial independence rather than indefinite support, promoting a clean break between the parties after divorce.
Division of the Family Home - It may be argued that the home currently occupied by the family is the family home. Upon the breakdown of the marriage, a presumption of equal shares in the family home exists. However, the court may vary the shares subject to any of the following circumstances arising –
i) the marriage being of a short duration; or
ii) the family home was inherited by one spouse; and
iii) that the home was already owned by one spouse before the marriage.
Division of Other Property- Any other property that does not meet the definition of a family home is treated as other property by our laws. In this circumstance, the court may divide any such property as it thinks fit, having regard to certain factors, such as one’s contribution, financial or otherwise, directly or indirectly for the acquisition, conservation, or improvement of any property, the duration of the marriage, there is an agreement for the division of the share entitlement in the property, etc.
Be sure to consult an Attorney as the foregoing information is intended for general informational purposes only and does not constitute legal advice.