Jersey Law 32/1996

 

MATRIMONIAL CAUSES (AMENDMENT No. 9) (JERSEY) LAW 1996

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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 OCTOBER 1996

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(Registered on the 6th day of December 1996)

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STATES OF JERSEY

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The 14th day of May 1996

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

ARTICLE 1

In the long title of the Matrimonial Causes (Jersey) Law 1949,1 as amended (hereinafter referred to as “the principal Law”), for the words “marriage, of judicial separation and of restitution of conjugal rights” there shall be substituted the words “marriage and of judicial separation”.

ARTICLE 2

In Article 3 of the principal Law2

(a)     in paragraph (1), there shall be deleted the words “suits for restitution of conjugal rights,”; and

(b)     in paragraph (3), there shall be deleted the expression “17,”.

ARTICLE 3

In paragraph (2) of Article 6 of the principal Law,3 there shall be deleted the words “or restitution of conjugal rights”.

ARTICLE 4

In paragraph (2) of Article 7 of the principal Law4

(a)     in sub-paragraph (a) –

(i)      for the words “two years” where they first occur there shall be substituted the words “one year”; and

(ii)     for the expression “ ‘two years’ separation’ ” there shall be substituted the expression “ ‘one year’s separation’ ”; and

(b)     in sub-paragraph (b) –

(i)      for the words “five years” where they first occur there shall be substituted the words “two years”; and

(ii)     for the expression “ ‘five years’ separation’ ” there shall be substituted the expression “ ‘two years’ separation’ ”.

ARTICLE 5

In paragraph (3) of Article 9 of the principal Law,5 there shall be deleted the words “if it finds that the petitioner has during the marriage been guilty of adultery or”.

ARTICLE 6

In Article 9A of the principal Law6

(a)     in the heading, for the words “FIVE YEARS’ ” there shall be substituted the words “TWO YEARS’ ”; and

(b)     in paragraph (1) and sub-paragraph (a) of paragraph (2), for the words “five years’ ” there shall be substituted the words “two years’ ”.

ARTICLE 7

In Article 9B of the principal Law –

(a)     in paragraph (2), for the words “two years’ ” there shall be substituted the words “one year’s”; and

(b)     in sub-paragraphs (a) and (b) of paragraph (3) –

(i)      for the words “two years’ ” there shall be substituted the words “one year’s”; and

(ii)     for the words “five years’ ” there shall be substituted the words “two years’ ”.

ARTICLE 8

In paragraph (1) of Article 10 of the principal Law,7 there shall be deleted the words “, or on the ground of failure to comply with a decree for restitution of conjugal rights”.

ARTICLE 9

Paragraphs (3) and (4) of Article 15 of the principal Law8 shall be deleted.

ARTICLE 10

Articles 16 and 17 of the principal Law9 shall be repealed.

ARTICLE 11

In Article 24 of the principal Law10

(a)     in paragraph (1), there shall be deleted the words “and subject to the provisions of paragraph (2) of this Article”; and

(b)     paragraph (2) shall be deleted.

ARTICLE 12

Paragraph (2) of Article 25 of the principal Law11 shall be deleted.

ARTICLE 13

In Article 29 of the principal Law12

(a)     in paragraph (1), for the words “, judicial separation or restitution of conjugal rights” there shall be substituted the words “or judicial separation”; and

(b)     paragraph (3) shall be deleted.

ARTICLE 14

In paragraph (1) of Article 30A of the principal Law,13 there shall be deleted the words “, restitution of conjugal rights”.

ARTICLE 15

In paragraph (1) of Article 32 of the principal Law,14 there shall be deleted the expression “17,”.

ARTICLE 16

In Article 35 of the principal Law,15 there shall be deleted the expression “17,”.

ARTICLE 17

In sub-paragraph (c) of paragraph (1) of Article 39 of the principal Law,16 there shall be deleted the words “or for restitution of conjugal rights,”.

ARTICLE 18

(1)     This Law may be cited as the Matrimonial Causes (Amendment No. 9) (Jersey) Law 1996 and this Law and the principal Law may together be cited as the Matrimonial Causes (Jersey) Laws 1949 to 1996.

(2)     This Law shall come into force on such day as the States may by Act appoint and different days may be appointed for different purposes or different provisions of this Law.

 

C.M. NEWCOMBE

 

Deputy Greffier of the States.



1        Tome VII, page 580.

2        Tome VII, page 582.

3        Tome VII, page 583.

4        Volume 1979–1981, page 2.

5        Tome VII, page 585, and Volume 1979–1981, page 2.

6        Volume 1979–1981, page 2.

7        Tome VII, page 586.

8        Tome VII, page 588.

9        Tome VII, page 589.

10      Tome VII, page 592.

11      Tome VII, page 593.

12      Tome VII, page 594, and Volume 1979–1981, page 4.

13      Tome VII, page 595, and Volume 1982–1983, page 156.

14      Tome VII, page 596.

15      Tome VII, page 597.

16      Tome VII, page 599.


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