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, (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, 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 Law –
(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 Law 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,for 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, 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 Law 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.