Jersey Law 4/1986

 

MATRIMONIAL CAUSES (AMENDMENT No. 7) (JERSEY) LAW 1986

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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

 

26th day of march 1986

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(Registered on the 25th day of April 1986)

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STATES OF JERSEY

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The 25th day of September 1984

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

ARTICLE 1

(1)           In paragraph (3) of Article 3, paragraph (1) of Article 32 and Article 35 of the Matrimonial Causes (Jersey) Law 1949, as amended1 (hereinafter referred to as “the principal Law”) after the word “29,” there shall be inserted the word “29A.”.

(2)           In paragraph (1) of Article 32, paragraph (1) of Article 33 and Article 35 of the principal Law2 before the word “27” there shall be inserted the word “25”.

ARTICLE 2

After Article 29 of the principal Law3 there shall be inserted the following Article –

“ARTICLE 29A

Power of court to order sale of property

(1)          Subject to the provisions of paragraph (7) of this Article, where the court makes an order under Article 27, 28 or 29 of this Law, then, on making that order or at any time thereafter, the court may make a further order for the sale of such property as may be specified in the order, being property in which or in the proceeds of sale of which either or both of the parties to the marriage has or have a beneficial interest, either in possession or reversion.

(2)          Any order made under paragraph (1) of this Article may contain such consequential or supplementary provisions as the court thinks fit and, without prejudice to the generality of the foregoing provision, may include –

(a)     provision requiring the making of a payment out of the proceeds of sale of the property to which the order relates; and

(b)     provision requiring any such property to be offered for sale to a person, or class of persons, specified in the order.

(3)          Where an order is made under paragraph (1) of this Article on or after the grant of a decree of divorce or nullity of marriage, the order shall not take effect unless the decree has been made absolute.

(4)          Where an order is made under paragraph (1) of this Article, the court may direct that the order, or such provision thereof as the court may specify, shall not take effect until the occurrence of an event specified by the court or the expiration of a period so specified.

(5)          Where an order under paragraph (1) of this Article contains a provision requiring the proceeds of sale of the property to which the order relates to be used to secure periodical payments to a party to the marriage, the order shall cease to have effect on the death or re-marriage of that person.

(6)          Where a party to a marriage has a beneficial interest in any property, or in the proceeds of sale thereof, and some other person who is not a party to the marriage also has a beneficial interest in that property or in the proceeds of sale thereof, then, before deciding whether to make an order under paragraph (1) of this Article in relation to that property, it shall be the duty of the court to give that other person an opportunity to make representations with respect to the order.

(7)          The provisions of paragraph (1) of this Article shall not apply in the case of an order made under sub-paragraph (a) of paragraph (1) of Article 29 of this Law unless in such case an order is also made under sub-paragraph (c) of paragraph (1) of Article 29 of this Law.

(8)          In this Article a reference to property shall be construed as a reference to property whether real or personal.”.

ARTICLE 3

(1)           This Law may be cited as the Matrimonial Causes (Amendment No. 7) (Jersey) Law 1986 and this Law and the Matrimonial Causes (Jersey) Laws 1949 to 19834 may be cited together as the Matrimonial Causes (Jersey) Law 1949 to 1986.

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

 

R.S. GRAY

 

Deputy Greffier of the States.



1        Tome VII, pages 582, 596 and 597, and Volume 1979–1981, page 1.

2        Tome VII, pages 596 and 597.

3        Tome VII, page 595.

4        Tome VII, page 580; Volume 1979–1981, page 1, and Volume 1982–1983, page 155.


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