Maintenance Orders
(Enforcement) (Amendment No. 3) (Jersey)
Law 2018
A LAW to amend the Maintenance Orders
(Enforcement) (Jersey) Law 1999
Adopted by the
States 16th November 2017
Sanctioned by
Order of Her Majesty in Council 8th February 2018
Registered by the
Royal Court 16th
February 2018
THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, have
adopted the following Law –
1 Maintenance Orders (Enforcement) (Jersey)
Law 1999 amended
After Article 2A of the Maintenance Orders (Enforcement)
(Jersey) Law 1999[1] there shall be inserted the
following Article –
“2B Direction
for registration of maintenance order
(1) The Royal Court or the Petty Debts Court, as
the case may be, may –
(a) when making a maintenance order or at any
time after that; and
(b) on the application of the recipient,
direct that the maintenance
order be registered in the Public Registry.
(2) Upon registration pursuant to a direction
under paragraph (1), the maintenance order shall take effect as a judicial
hypothec upon the immovable property of the payer as if –
(a) it were an act or judgment of the Court to
which Article 13 of the Loi (1880) sur la propriété foncière[2] applied; but
(b) securing such amounts, accruing from time to
time, as the payer is liable to pay pursuant to the order.
(3) A registration under this Article shall be
cancelled only if the Court gives, on the application of the recipient or the
payer, a further direction to such effect.
(4) The Court shall not make a direction for
registration under paragraph (1) unless it has given the payer an
opportunity to be heard.”.
2 Civil
Partnership (Jersey) Law 2012 amended
In Article 49(1) of the Civil Partnership (Jersey) Law 2012[3], sub-paragraph (d)
shall be deleted.
3 Matrimonial
Causes (Jersey) Law 1949 amended
In Article 29(1) of the Matrimonial Causes (Jersey) Law 1949[4], sub-paragraph (d)
shall be deleted.
4 Citation
and commencement
This Law may be cited as the Maintenance Orders (Enforcement)
(Amendment) (Jersey) Law 2018 and shall come into force 7 days after
the day on which it is registered.
l.-m. hart
Deputy Greffier of the States