Jersey Law 1/1979

 

MATRIMONIAL CAUSES (AMENDMENT No. 5) (JERSEY) LAW, 1978.

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A LAW   to amend further the Matrimonial Causes (Jersey) Law, 1949, sanctioned by Order of Her Majesty in Council of the

 

15th day of NOVEMBER, 1978.

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(Registered on the 19th day of January, 1979).

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STATES OF JERSEY.

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The 6th day of June, 1978.

THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, have adopted the following Law:  -

ARTICLE 1

(1)           After paragraph (1) of Article 3 of the Matrimonial Causes (Jersey) Law, 1949, as amended,1 (hereinafter referred to as “the principal Law”) there shall be inserted the following paragraph –

“(1A)    The court shall also have the power to grant such injunctions and other relief as may, in all matrimonial causes, suits and matters, be granted by the Samedi Division of the Royal Court.”

(2)           In paragraph (3) of the said Article 3, after the words “33 of this Law” there shall be inserted the words “, for or in relation to relief sought under Article 2 or Article 3 of the Separation and Maintenance Orders (Jersey) Law, 1953, as amended, and refused by the Petty Debts Court under Article 5 of that Law,”.

ARTICLE 2

(1)           In Article 7 of the principal Law,2 before the words “A petition” there shall be inserted the figure “(1)”.

(2)           In sub-paragraph (b) of paragraph (1) of the said Article 7, for the word “three” there shall be substituted the word “two”.

(3)           After the said paragraph (1) there shall be inserted the following paragraph –

“(2)        A petition for divorce may also be presented to the court by either the husband or the wife on the ground that the parties to the marriage –

(a)       have lived apart for a continuous period of at least two years immediately preceding the presentation of the petition (hereafter in this Law referred to as ‘two years’ separation’) and the respondent consents to a decree being granted; or

(b)       have lived apart for a continuous period of at least five years immediately preceding the presentation of the petition (hereafter in this Law referred to as ‘separation’).”.

ARTICLES 3

In Article 9 of the principal Law3

(a)    in paragraph (2), after the words “paragraphs (3), (4) and (5) of this Article” there shall be inserted the words “and to Article 9A of this Law”;

(b)    in sub-paragraph (c) of paragraph (2), before the words “the petition” there shall be inserted the words “except in the case of a petition presented on either of the grounds specified in paragraph (2) of Article 7 of this Law”;

(c)    in paragraph (3), for the words “The court” there shall be substituted the words “Except in the case of a petition presented on either of the grounds specified in paragraph (2) of Article 7, the court”.

ARTICLE 4

After Article 9 of the principal Law4 there shall be inserted the following Articles –

“ARTICLE 9A

REFUSAL OF DECREE OF DIVORCE IN FIVE YEARS’ SEPARATION CASES IN CERTAIN CIRCUMSTANCES

(1)          The respondent to a petition for divorce in which the petitioner alleges five years’ separation may oppose the grant of a decree on the ground that the dissolution of the marriage would result in grave financial or other hardship to him and that it would in all the circumstances be wrong to dissolve the marriage.

(2)          Where the grant of a decree is opposed by virtue of this Article, then –

(a)       if the court finds that the petitioner is entitled to rely in support of his petition on his allegation of five years’ separation and makes no such finding as to any other ground specified in Article 7; and

(b)        if apart from this Article the court would grant a decree on the petition;

the court shall consider all the circumstances, including the conduct of the parties to the marriage and the interests of those parties and of any children or other persons concerned and, if of opinion that the dissolution of the marriage would result in grave financial or other hardship to the respondent and that it would, in all the circumstances, be wrong to dissolve the marriage, it shall dismiss the petition.

(3)          For the purposes of this Article, hardship shall include the loss of the chance of acquiring any benefit which the respondent might acquire if the marriage were not dissolved.

ARTICLE 9B

SPECIAL PROTECTION FOR RESPONDENT IN SEPARATION CASES

(1)          Provision shall be made by rules of court for the purpose of ensuring that where, in pursuance of sub-paragraph (a) of paragraph (2) of Article 7 of this Law, the petition alleges that the respondent consents to a decree being granted, the respondent has been given such information as will enable him to understand the consequences to him of his consenting to a decree being granted and the steps which he must take to indicate that he consents to the grant of a decree.

(2)          Where in any case the court has granted a decree of divorce solely on the ground of two years’ separation coupled with the respondent’s consent, the court may, on an application made by the respondent at any time before the decree is made absolute, rescind the decree if it is satisfied that the petitioner misled the respondent (whether intentionally or unintentionally about any matter which the respondent took into account in deciding to give his consent.

(3)          The following provisions of this Article apply where –

(a)       the respondent to a petition for divorce in which the petitioner alleged two years’ or five years’ separation coupled, in the former case, with the respondent’s consent to a decree being granted, has applied to the court for consideration under paragraph (4) of this Article of his financial position after the divorce; and

(b)       the court has granted a decree on the petition solely on the ground of two years’ separation coupled with the respondent’s consent, or solely on the ground of five years’ separation, as the case may be.

(4)          The court hearing an application by the respondent under paragraph (3) of this Article shall consider all the circumstances, including the age, health, conduct, earning capacity, financial resources and financial obligations of each of the parties, and the financial position of the respondent as, having regard to the divorce, it is likely to be after the death of the petitioner should the petitioner die first; and, subject to paragraph (5) of this Article, the court shall not make the decree absolute unless it is satisfied –

(a)       that the petitioner should not be required to make any financial provision for the respondent, or

(b)       that the financial provision made by the petitioner for the respondent is reasonable and fair or the best that can be made in the circumstances.

(5)          The court may if it thinks fit make the decree absolute notwithstanding the requirements of paragraph (4) of this Article if –

(a)       it appears that there are circumstances making it desirable that the decree should be made absolute without delay, and

(b)       the court has obtained a satisfactory undertaking from the petitioner that he will make such financial provision for the respondent as the court may approve.”

ARTICLE 5

In paragraph (3) of Article 25 of the principal Law,5for the words “the husband, and where the decree is a decree of divorce and is made on the ground of the husband’s insanity, shall also have power to order the wife,” there shall be substituted the words “either party to the marriage”.

ARTICLE 6

(1)           In paragraph (1) of Article 28 and paragraph (1) of Article 29 of the principal Law,6 after the words “the court may, having regard to” there shall be inserted the words “all the circumstances of the case including”.

(2)           In sub-paragraph (b) of paragraph (1) of the said Article 29, for the words “in lieu of or in addition to any sum ordered” there shall be substituted the words “whether or not any sum is ordered”.

ARTICLE 7

Article 38 of the principal Law7 is hereby repealed.

ARTICLE 8

(1)           This Law may be cited as the Matrimonial Causes (Amendment No. 5) (Jersey) Law, 1978, and this Law and the Matrimonial Causes (Jersey) Laws 1949 to 1974 may be cited together as the Matrimonial Causes (Jersey) Laws 1949 to 1978.

(2)           This Law shall come into force on such day or days as the States may by Act appoint.

 

E.J.M. POTTER,

 

Greffier of the States.



1        Tome VII, page 581.

2        Tome VII, page 583.

3        Tome VII, page 585.

4        Tome VII, page 586.

5        Tome VII, page 593.

6        Tome VII, page 594.

7        Tome VII, page 598.


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