Jersey Law 4/1986
MATRIMONIAL CAUSES (AMENDMENT No. 7) (JERSEY) LAW 1986
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
(Registered on the 25th day of April 1986)
STATES OF JERSEY
The 25th day of
THE STATES, subject to the sanction of
Her Most Excellent Majesty in Council, have adopted the following Law –
paragraph (3) of Article 3, paragraph (1) of Article 32 and Article 35 of the
Matrimonial Causes (Jersey) Law 1949, as amended
(hereinafter referred to as “the principal Law”) after the word
“29,” there shall be inserted the word “29A.”.
paragraph (1) of Article 32, paragraph (1) of Article 33 and Article 35 of the
principal Law before the word “27”
there shall be inserted the word “25”.
After Article 29 of the principal Law there
shall be inserted the following Article –
Power of court to order sale of property
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.
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 –
requiring the making of a payment out of the proceeds of sale of the property
to which the order relates; and
requiring any such property to be offered for sale to a person, or class of
persons, specified in the order.
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.
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.
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.
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.
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.
this Article a reference to property shall be construed as a reference to
property whether real or personal.”.
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 1983 may be cited together as the Matrimonial Causes
(Jersey) Law 1949 to 1986.
Law shall come into operation on such day as the States may by Act appoint.
Deputy Greffier of the States.