Matrimonial Causes (Jersey) Law 1949

Jersey Law 22/1949

 

MATRIMONIAL CAUSES (JERSEY) LAW, 1949.

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A LAW   to empower the Royal Court to grant decrees of dissolution and nullity of marriage, of judicial separation and of restitution of conjugal rights, and to make provision for matters incidental thereto, sanctioned by Order of His Majesty in Council of the

 

25th day of NOVEMBER, 1949.

 

(Registered on the 17th day of December, 1949).

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STATES OF JERSEY.

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The 10th day of August, 1949.

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THE STATES, subject to the sanction of His Most Excellent Majesty in Council, have adopted the following Law :  -

ARTICLE 1

GENERAL DEFINITIONS

In this Law, unless the context otherwise requires –

“cause” and “suit” include any proceedings in which there is an applicant, petitioner or plaintiff ;

“the court” has the meaning assigned thereto by Article 3 ;

“habitual drunkard” means a person who habitually and intemperately drinks intoxicating liquor, or habitually takes or uses, otherwise than in accordance with medical advice, opium or any other dangerous drug ;

“prescribed” means prescribed by rules of court.

ARTICLE 2

INSANITY DEFINITION

(1)           For the purposes of Article 7 of this Law, a person of unsound mind shall be deemed to be under care and treatment –

(a)    while he is detained in pursuance of the “Loi (1890) sur la regie et l’administration de l’asile public pour les alienes” or of an order under the “Loi (1883) pour la regie et l’administration des maisons d’alienes licenciees”; or

(b)    while he is detained in pursuance of any order or inquisition under the Lunacy and Mental Treatment Acts, 1890 to 1930 (being Acts of the Imperial Parliament), or of any order or warrant under the Army Act, the Air Force Act, the Naval Discipline Act, the Naval Enlistment Act, 1884, or the Yarmouth Naval Hospital Act, 1931 (being Acts of the Imperial Parliament), or is being detained as a criminal lunatic or in pursuance of an order made under the Criminal Lunatics Act, 1884 (being an Act of the Imperial Parliament) ; or

(c)    while he is detained in pursuance of any order or warrant for his detention or custody as a lunatic under the Lunacy (Scotland) Acts, 1857 to 1919 (being Acts of the Imperial Parliament) ; or

(d)    while he is detained in pursuance of any order for his detention or treatment as a person of unsound mind or a person suffering from mental illness made under any law for the time being in force in Northern Ireland, the Bailiwick of Guernsey or the Isle of Man (including any such law relating to criminal lunatics) ; or

(e)    while he is receiving mental treatment as a voluntary patient under the “Loi (1883) pour la regie et l’administration des maisons d’alienes licenciees” or under the Mental Treatment Act, 1930 (being an Act of the Imperial Parliament) or under any such law as is mentioned in sub-paragraph (d) of this paragraph, being treatment which follows without any interval a period during which he was detained as mentioned in the foregoing provisions of this paragraph ;

and not otherwise.

(2)           In this Article –

the “Loi (1890) sur la regie et l’administration de l’asile public pour les alienes” means the Law passed by the States on the thirtieth day of January, 1890, and confirmed by Order of Her Majesty in Council of the twenty-first day of March, 1890, as amended by any subsequent enactment;

the “Loi (1883) pour la regie et la surveillance des maisons d’alienes licenciees” means the “Reglement” passed by the States on the twenty-second day of January, 1883, and confirmed by Order of Her Majesty in Council of the third day of March, 1883, as amended by any subsequent enactment.

ARTICLE 3

JURISDICTION OF THE ROYAL COURT IN MATRIMONIAL CAUSES

(1)           Subject to the provisions of Article 45 of this Law, jurisdiction shall be vested in and exercised by a division of the Royal Court to be called the Matrimonial Causes Division (in this Law referred to as “the court”) in all suits for divorce, suits for judicial separation, suits for restitution of conjugal rights, suits for nullity of marriage, applications by a husband or wife for a decree of presumption of death of the other spouse and dissolution of marriage thereupon, and all other matrimonial causes, suits and matters triable under this Law or otherwise in the Island.

(2)           In the authentication of decrees, orders and other instruments and copies thereof, the Judicial Greffier may describe himself as Registrar.

ARTICLE 4

THE BAILIFF, JURATS AND OFFICERS OF THE COURT

(1)           Subject to the provisions of this Law and to rules of court, the Bailiff, Jurats, Attorney General, Viscount, Solicitor General and Judicial Greffier shall perform duties in the court analogous to those performed by them respectively in the “Samedi” division of the Royal Court immediately before the commencement of this Law.

(2)           If the office of Bailiff, Attorney General, Viscount, Solicitor General or Judicial Greffier be vacant, or if the holder of any such office be prevented by absence from the Island, illness or other lawful cause, from performing the duties of his office, then the duties under this Law of the holder of such office shall be performed by the person who is for the time being discharging the duties of such office.

ARTICLE 5

SEAL OF THE COURT

(1)           The Superior Number of the Royal Court shall cause a seal to be made for the court and may cause the same to be from time to time broken, altered and renewed at its discretion.

(2)           All decrees, orders and other instruments, and copies thereof, respectively, purporting to be sealed with the seal of the court shall be received in evidence without further proof thereof.

ARTICLE 6

JURISDICTION

(1)           Subject to the provisions of paragraphs (4) and (5) of this Article, the court shall not have jurisdiction in any suit for divorce or nullity of marriage unless the husband is domiciled in the Island when the proceedings are instituted.

(2)           Subject to the provisions of paragraph (4) of this Article, the court shall not have jurisdiction in any suit for judicial separation or restitution of conjugal rights unless –

(a)     the husband is domiciled in the Island when the proceedings are instituted ; or

(b)     the husband and the wife are resident in the Island when the proceedings are instituted.

(3)           Subject to the provisions of paragraph (4) of this Article, the court shall not have jurisdiction in any suit for presumption of death unless the petitioner is domiciled in the Island when the proceedings are instituted.

(4)           Where a wife has been deserted by her husband or where her husband has been deported from the British Islands under any enactment for the time being in force relating to the deportation of aliens,  and the husband was immediately before the desertion or deportation domiciled in the Island, the court shall have jurisdiction for the purpose of any proceedings under this Law, notwithstanding that the husband has changed his domicile since the desertion or deportation.

(5)           In any suit by a wife for divorce or nullity of marriage, the court shall have jurisdiction, notwithstanding that the husband is not domiciled in the Island, if –

(a)     the wife is resident in the Island and has been ordinarily resident therein for a period of three years immediately preceding the commencement of the proceedings ; and

(b)     the husband is not domiciled in any other part of the British Islands.

ARTICLE 7

GROUNDS OF PETITION FOR DIVORCE

A petition for divorce may be presented to the court by either the husband or the wife on the ground that the respondent –

(a)     has since the celebration of the marriage committed adultery ; or

(b)     has deserted the petitioner without cause for a period of at least three years immediately preceding the presentation of the petition ; or

(c)     has since the celebration of the marriage treated the petitioner with cruelty ; or

(d)     is incurably of unsound mind and has been continuously under care and treatment for a period of at least five years immediately preceding the presentation of the petition ; or

(e)    is, by reason of the commutation of a death sentence, undergoing imprisonment for life or in confinement as a criminal lunatic, or is serving a sentence of imprisonment for a term of not less than fifteen years ; or

(f)      has since the celebration of the marriage been guilty of bestiality or sodomy ;

and by the wife on the ground that the husband has since the celebration of the marriage been guilty of rape.

ARTICLE 8

RESTRICTIONS ON PETITIONS FOR DIVORCE DURING FIRST THREE YEARS AFTER MARRIAGE

(1)           No petition for divorce shall be presented to the court unless at the date of the presentation of the petition three years have passed since the date of the marriage :

Provided that the court may, upon application being made to it in accordance with rules of court, allow a petition to be presented before three years have passed on the ground that the case is one of exceptional hardship suffered by the petitioner or of exceptional depravity on the part of the respondent, but, if it appears to the court at the hearing of the petition that the petitioner obtained leave to present the petition by any misrepresentation or concealment of the nature of the case, the court may, if it pronounces a decree nisi, do so subject to the condition that no application to make the decree absolute shall be made until after the expiration of three years from the date of the marriage, or may dismiss the petition, without prejudice to any petition which may be brought after the expiration of the said three years upon the same, or substantially the same, facts as those proved in support of the petition so dismissed.

(2)           In determining any application under this Article for leave to present a petition before the expiration of three years from the date of the marriage, the court shall have regard to the interests of any children of the marriage and to the question whether there is reasonable probability of a reconciliation between the parties before the expiration of the said three years.

(3)           Nothing in this Article shall be deemed to prohibit the presentation of a petition based upon matters which have occurred before the expiration of three years from the date of the marriage.

ARTICLE 9

DUTY OF COURT ON PRESENTATION OF PETITION FOR DIVORCE

(1)           On a petition for divorce, it shall be the duty of the court to inquire, so far as it reasonably can, into the facts alleged and whether there has been any connivance or condonation on the part of the petitioner and whether any collusion exists between the parties and also to inquire into any counter-charge which is made against the petitioner.

(2)           Subject to the provisions of paragraphs (3), (4) and (5) of this Article, if the court is satisfied on the evidence that –

(a)     the case for the petition has been proved ; and

(b)     where the ground of the petition is adultery, the petitioner has not in any manner been accessory to, or connived at, or condoned, the adultery, or, where the ground of the petition is cruelty, the petitioner has not in any manner condoned the cruelty ; and

(c)     the petition is not presented or prosecuted in collusion with the respondent or any co-respondent ;

the court shall pronounce a decree of divorce, but, if the court is not satisfied with respect to any of the aforesaid matters, it shall dismiss the petition.

(3)           The court shall not be bound to pronounce a decree of divorce and may dismiss the petition if it finds that the petitioner has during the marriage been guilty of adultery or if, in the opinion of the court, the petitioner has been guilty –

(a)     of unreasonable delay in presenting or prosecuting the petition ; or

(b)     of cruelty towards the other party to the marriage ; or

(c)     where the ground of the petition is adultery or cruelty, of having without reasonable excuse deserted, or having without reasonable excuse wilfully separated himself or herself from, the other party before the adultery or cruelty complained of ; or

(d)     where the ground of the petition is adultery or unsoundness of mind or desertion, of such wilful neglect or misconduct as has conduced to the adultery or unsoundness of mind or desertion.

(4)           Where the ground of a petition for divorce is that the respondent is, by reason of the commutation of a death sentence, undergoing imprisonment for life, or in confinement as a criminal lunatic, or is serving a sentence of imprisonment for a term of not less than fifteen years, the court shall not pronounce a decree unless –

(a)     the petition was presented more than two years, and less than ten years, after the date of the sentence ; and

(b)     the respondent is, at the time of the decree, in confinement under or by reason of the sentence.

(5)           The court may pronounce a decree of divorce on the ground that the respondent has been guilty of bestiality, rape or sodomy notwithstanding the fact that the offence has not been charged against the respondent in criminal proceedings.

ARTICLE 10

DECREE FOR JUDICIAL SEPARATION

(1)           A petition for judicial separation may be presented to the court either by the husband or the wife on any ground on which a petition for divorce might have been presented, or on the ground of failure to comply with a decree for restitution of conjugal rights or on the ground that the respondent is an habitual drunkard or on any ground on which divorce a mensa et thoro may be granted by the Ecclesiastical Court, and the foregoing provisions of this Law relating to the duty of the court on the presentation of a petition for divorce, and the circumstances in which such a petition shall or may be granted or dismissed, shall apply in like manner to a petition for judicial separation.

(2)           Where the court in accordance with the said provisions grants a decree of judicial separation, it shall no longer be obligatory for the petitioner to cohabit with the respondent.

(3)           The court may, on the application by petition of the husband or wife against whom a decree for judicial separation has been made, and on being satisfied that the allegations contained in the petition are true, reverse the decree at any time after the making thereof, on the ground that it was obtained in the absence of the person making the application, or, if desertion was the ground of the decree, that there was reasonable cause for the alleged desertion.

(4)           The reversal of a decree for judicial separation shall not affect the rights or remedies which any other person would have had if the decree had not been reversed in respect of any debts, agreements or acts of the wife incurred, entered into or done between the date of the decree and of the reversal thereof.

ARTICLE 11

LIABILITY OF HUSBAND IN RESPECT OF WIFE’S ACTS ON GRANT OF JUDICIAL SEPARATION

So long as a separation under a decree subsists, the husband shall not be liable in respect of any engagement or agreement into which the wife may enter after the separation begins or for any wrongful act or omission by her or for any costs which she may incur as plaintiff or defendant :

Provided that where the court has ordered the husband to pay any sum for the maintenance of the wife or of any children of the marriage, and the husband has not duly paid such sum, he shall be liable for necessaries supplied for the use of the wife or of any such children.

ARTICLE 12

DECREE OF JUDICIAL SEPARATION REVOKED IPSO FACTO BY CONTINUED RESIDENCE OR RESUMPTION OF COHABITATION AND SUSPENDED DURING PERIODS OF RESIDENCE

(1)           No decree of judicial separation shall be enforceable and no liability shall accrue thereunder whilst the wife with respect to whom the decree was made resides with her husband, and any such decree shall cease to have effect if for a period of three months after it is made the wife continues to reside with her husband.

(2)           Where a wife with respect to whom a decree of judicial separation has been made resumes cohabitation with her husband after living apart from him, the decree shall cease to have effect on the resumption of such cohabitation.

ARTICLE 13

DIVORCE PROCEEDINGS AFTER GRANT OF JUDICIAL SEPARATION

(1)           A person shall not be prevented from presenting a petition for divorce, or the court from pronouncing a decree of divorce, by reason only that the petitioner has at any time been granted a judicial separation upon the same or substantially the same facts as those alleged in the petition for divorce or proved in support thereof.

(2)           On any such petition for divorce, the court may treat the decree of judicial separation as sufficient proof of the adultery, desertion or other ground on which it was granted, but the court shall not pronounce a decree of divorce without receiving the evidence of the petitioner.

(3)           For the purposes of any such petition for divorce, a period of desertion immediately preceding the institution of proceedings for a decree of judicial separation shall, if the parties have not resumed cohabitation and the decree has been continuously in force since the granting thereof, be deemed immediately to precede the presentation of the petition for divorce.

ARTICLE 14

RELIEF TO RESPONDENT ON PETITION FOR DIVORCE OR JUDICIAL SEPARATION

If, in any proceedings for divorce or judicial separation, the respondent in his or her answer opposes the relief sought on the ground of the adultery, cruelty or desertion of the petitioner and, in such answer, prays for relief on any such ground, the court may give to the respondent the same relief to which he or she would have been entitled if he or she had presented a petition for divorce or judicial separation, as the case may be, seeking such relief.

ARTICLE 15

PROVISIONS AS TO MAKING ADULTERER CO-RESPONDENT

(1)           On a petition for divorce or judicial separation on the ground of adultery presented by a husband or a wife or if, in the answer to the petition the husband or the wife prays for divorce or judicial separation on the ground of adultery, the petitioner or respondent, as the case may be, shall cause the alleged adulterer to be cited as a co-respondent, unless he or she is excused by the court on special grounds from so doing.

(2)           In any case in which, on a petition or cross-petition for divorce or judicial separation, the alleged adulterer is made a co-respondent, the court may, after the close of the evidence on the part of the petitioner or the respondent, as the case may be, direct the co-respondent to be dismissed from the proceedings if the court is of opinion that there is not sufficient evidence against him or her.

(3)           In proceedings for divorce or judicial separation on the ground of adultery, the court may award compensatory, but not exemplary or punitive, damages, if claimed in the petition or cross-petition, against a co-respondent, whether male or female, in favour of the party to whom a decree of divorce or judicial separation is granted, and any such award may be made notwithstanding that the co-respondent is neither domiciled nor resident in the Island.

(4)           The court may direct in what manner the damages recovered on any such petition or cross-petition are to be paid or applied, and may direct the whole or any part of the damages to be settled for the benefit of the children, if any, of the marriage, or as a provision for either spouse.

ARTICLE 16

DECREE FOR RESTITUTION OF CONJUGAL RIGHTS

A petition for restitution of conjugal rights may be presented to the court either by the husband or the wife, and the court, on being satisfied that the allegations contained in the petition are true, that the petitioner bona fide desires a resumption of cohabitation and that there is no legal ground why a decree for restitution of conjugal rights should not be granted, may make the decree accordingly.

ARTICLE 17

PERIODICAL PAYMENTS

Where a petition for a decree for restitution of conjugal rights is presented by the wife, the court, at the time of the making of the decree or at any time thereafter, may, in the event of the decree not being complied with within any time limited in that behalf by the court, order the respondent to make to the petitioner such periodical payments as it thinks just and to secure such payments to the satisfaction of the court.

ARTICLE 18

DECREE OF NULLITY

(1)           The court may decree the nullity of a marriage on any ground on which a marriage is by law void or voidable or on any of the following grounds, that is to say –

(a)     the continuing impotency of one party or of both parties to the marriage since the celebration thereof ;

(b)     that the marriage was celebrated through fraud, threats or duress by the respondent upon or to the petitioner ;

(c)     that the marriage has not been consummated owing to the wilful refusal of the respondent to consummate the marriage;

(d)     that the respondent was at the time of the marriage pregnant by some person other than the petitioner, unless the pregnancy resulted from intercourse which occurred between the respondent and a former husband during the subsistence of their marriage ;

(e)     that the respondent was at the time of the marriage suffering from a venereal disease in a communicable form;

(f)      that either party to the marriage was at the time of the marriage of unsound mind or mentally defective or subject to recurrent fits of insanity or epilepsy :

Provided that, in the cases specified in sub-paragraphs (d), (e) and (f) of this paragraph, the court shall not grant a decree unless it is satisfied –

(i)      that the petitioner was at the time of the marriage ignorant of the facts alleged ;

(ii)     that proceedings were instituted within a year from the date of the marriage ; and

(iii)    that marital intercourse with the consent of the petitioner has not taken place since the discovery by the petitioner of the existence of the grounds for a decree.

(2)           Any child born of a marriage avoided pursuant to sub-paragraphs (b), (c), (e) or (f) of paragraph (1) of this Article shall be a legitimate child of the parties thereto notwithstanding that the marriage is so avoided.

(3)           In any proceedings for nullity of marriage, evidence of the question of sexual capacity shall be heard in camera unless, in any case, the court is satisfied that in the interests of justice any such evidence ought to be heard in open court.

ARTICLE 19

PROCEEDINGS FOR DECREE OF PRESUMPTION OF DEATH AND DISSOLUTION OF MARRIAGE

(1)           Any married person who alleges that reasonable grounds exist for supposing that the other party to the marriage is dead may present a petition to the court to have it presumed that the other party is dead and to have the marriage dissolved, and the court, if satisfied that such reasonable grounds exist, may make a decree of presumption of death and of dissolution of the marriage.

(2)           In any such proceedings, the fact that for a period of seven years or more the other party to the marriage has been continually absent from the petitioner and the petitioner has no reason to believe that the other party has been living within that time shall be evidence that he or she is dead, until the contrary is proved.

ARTICLE 20

DECREE NISI FOR DIVORCE OR NULLITY OF MARRIAGE OR PRESUMPTION OF DEATH

(1)           Every decree for a divorce, for nullity of marriage or of presumption of death shall, in the first instance, be a decree nisi not to be made absolute until after the expiration of such period, not exceeding six months, from the pronouncing thereof, as may be prescribed :

Provided that the court may, in any particular case, fix a shorter time where it considers it proper to do so.

(2)           After the pronouncing of the decree nisi, and before the decree is made absolute, any person (including the Attorney General) may, in the prescribed manner, show cause why the decree should not be made absolute by reason of the decree having been obtained by collusion or by reason of material facts not having been brought before the court, and in any such case the court may make the decree absolute, reverse the decree nisi, require further inquiry or otherwise deal with the case as the court thinks fit.

(3)           Where a decree nisi has been obtained and no application for the decree to be made absolute has been made by the party who obtained the decree then, at any time after the expiration of three months from the earliest date on which that party could have made such an application, the party against whom the decree nisi has been granted shall be at liberty to apply to the court and the court shall, on such application, have power to make the decree absolute, reverse the decree nisi, require further inquiry or otherwise deal with the case as the court thinks fit.

ARTICLE 21

DUTIES OF ATTORNEY GENERAL

In the case of any petition for divorce or for nullity of marriage or for the presumption of death –

(a)     the court may, if it thinks fit, direct all necessary papers in the matter to be sent to the Attorney General who shall argue before the court any question in relation to the matter which the court deems to be necessary or expedient to have fully argued, and the Attorney General shall be entitled to charge the costs of the proceedings as part of the expenses of his office;

(b)     any person may at any time during the progress of the proceedings or before the decree nisi is made absolute give information to the Attorney General of any matter material to the due decision of the case, and the Attorney General may thereupon take such steps as he considers necessary or expedient ;

(c)     if, in consequence of any such information or otherwise, the Attorney General suspects –

(i)      that the decree may be obtained contrary to the justice of the case ; or

(ii)     that material facts are not before the court ;

he may, after obtaining the leave of the court, intervene and summon witnesses to prove any allegations which he may think fit to make.

ARTICLE 22

PROVISIONS AS TO COSTS WHERE ATTORNEY GENERAL INTERVENES OR SHOWS CAUSE

(1)           Where the Attorney General intervenes or shows cause against a decree nisi in any proceedings for divorce or for nullity of marriage or of presumption of death, the court may make such order as to the payment by other parties to the proceedings of the costs incurred by him in so doing or as to the payment by him of any costs incurred by any of the said parties by reason of his so doing, as may seem just.

(2)           So far as the reasonable costs incurred by the Attorney General in so intervening or showing cause are not fully satisfied by any order made under this Article for the payment of his costs, he shall be entitled to charge the difference as part of the expenses of his office, and any costs which under any order made by the court under this Article the Attorney General pays to any parties shall be deemed to be part of the expenses of his office.

(3)           The expenses declared to be expenses of the office of Attorney General by this Law shall be paid out of the General Revenues of the States.

ARTICLE 23

POWER TO ALLOW INTERVENTION ON TERMS

In every case in which any person is charged with adultery with any party to a suit or in which the court considers, in the interest of any person not already a party to the suit, that that person should be made a party to the suit, the court may, if it thinks fit, allow that person to intervene upon such terms, if any, as the court thinks just.

ARTICLE 24

ABATEMENT OF PROCEEDINGS

(1)           Without prejudice to the operation of any rule of law governing the abatement of any other proceedings under this Law and subject to the provisions of paragraph (2) of this Article, where a decree nisi has been pronounced in a suit for divorce or nullity of marriage, the suit shall be abated if the petitioner or the respondent dies before the decree nisi is made absolute.

(2)           Where, in any proceedings for divorce or judicial separation on the ground of adultery, a claim for damages is made against a person cited as a co-respondent in the proceedings, the claim may be proceeded with notwithstanding the death of the spouse with whom the co-respondent is alleged to have committed adultery and, if damages have already been awarded in the proceedings, the court may give directions as to the disposal of the sum awarded notwithstanding the death of that spouse or of the spouse in favour of whom the damages were awarded :

Provided that nothing in this paragraph shall affect the operation of the proviso to paragraph (1) of Article 1 of the Customary Law Amendment (Jersey) Law, 1948.1

ARTICLE 25

CUSTODY OF CHILDREN

(1)           In any proceedings for divorce or nullity of marriage or judicial separation, the court may from time to time, either before or by or after the final decree, make such provision as appears just with respect to the custody, maintenance and education of the children, the marriage of whose parents is the subject of the proceedings, or, if it thinks fit, direct proper proceedings to be taken for placing the children under the protection of the court.

(2)           On an application made in that behalf, the court may, at any time before the final decree in any proceedings for restitution of conjugal rights, or, if the respondent fails to comply therewith, after the final decree, make from time to time all such orders and provisions with respect to the custody, maintenance and education of the children of the petitioner and respondent as might have been made by interim orders if proceedings for judicial separation had been pending between the same parties.

(3)           The court may, if it thinks fit, on any decree of divorce, judicial separation or nullity of marriage, order the husband, or (in the case of a petition for divorce by a wife on the ground of her husband’s insanity) order the wife, to secure for the benefit of the children such gross sum of money or annual sum of money as the court may deem reasonable, and the court may for that purpose settle and approve a proper deed or instrument to be executed by all necessary parties :

Provided that the term for which any sum of money is secured for the benefit of a child shall not extend beyond the date when the child will attain twenty-one years of age.

ARTICLE 26

CESSATION OF SUCCESSORAL RIGHTS AND INTERESTS ON DISSOLUTION OF MARRIAGE

Where a marriage has been dissolved by divorce or has been annulled, neither of the parties to the marriage shall be entitled, upon the death of the other, to any share or interest in the personal estate of the deceased person, or to any rights of “franc veuvage” in the real estate of the deceased person or to any rights of dower in the real estate of the deceased or any other person.

ARTICLE 27

POWER OF COURT TO VARY SETTLEMENTS, ETC

(1)           Where a decree of divorce or of nullity of marriage has been made, the court may, upon the application of either party to the marriage which is the subject of such decree, or upon the application of any person beneficially interested, cancel, vary or modify, or terminate the trusts of, any marriage contract, marriage settlement, post-nuptial settlement, or terms of separation subsisting, between the parties to the marriage, in any manner which, having regard to the means of the parties, the conduct of either of them or the interests of any children of the marriage, appears to the court to be just.

(2)           The court may exercise the powers conferred by this Article notwithstanding that the marriage was contracted, or the marriage contract, marriage settlement, post-nuptial settlement or terms of separation was made or entered into, in an extraneous jurisdiction.

ARTICLE 28

POWER OF COURT TO ORDER VESTING OR DIVISION OF PROPERTY

(1)           Where a decree of divorce or nullity of marriage or judicial separation has been made, the court may, if it thinks fit, as regards real and personal property in which each of the parties to the marriage has, notwithstanding the provisions of Article 26 of this Law, an interest, present, prospective or conditional, direct that their interests in such property shall be vested solely in the one or the other of the parties or shall be divided between them in such proportions as the court directs, and, where such property is so directed to be vested solely in one of the parties or to be divided between them, order that the one party shall pay to the other for his or her absolute benefit such gross sum, or shall secure to the other for his or her absolute benefit such gross or periodic sum or both for any term not exceeding the life of the party in favour of whom the same is secured, as the court may direct, or may refrain from making any order as to payment or security.

(2)           An order made under this Article, in so far as such order relates to a judicial separation, shall be deemed to be part of the terms of separation between the parties within the meaning of this Law.

ARTICLE 29

CONTRIBUTIONS FOR SUPPORT

(1)           where a decree of divorce, judicial separation, restitution of conjugal rights or nullity of marriage has been made, the court may, if it thinks fit having regard to the circumstances of the case including the financial position and conduct of the parties, order that the husband shall pay or make provision for the payment to the wife during any term not exceeding the life of the wife, of such annual or other periodic sum of money for or towards the support of the wife as the court deems reasonable, and that the husband shall secure the payments to be made under such order in manner directed by the court.

(2)           The court may, if it thinks fit, order that a gross sum of money shall be paid or secured in lieu of or in addition to the annual or other periodic sum referred to in paragraph (1) of this Article.

(3)           On a petition for divorce, judicial separation, restitution of conjugal rights or nullity of marriage, the court may, if it thinks fit, by interim order, direct payments to be made by the husband to the wife, for or towards her support, and any such interim order shall remain in force until it is rescinded by the court or until the court makes a definitive order in respect thereof, or until the relief sought in the petition is refused.

ARTICLE 30

CONTRIBUTION ORDER AGAINST WIFE OF HUSBAND OF UNSOUND MIND

Where a decree of divorce or judicial separation is granted to a wife on the ground that her husband is of unsound mind, the court may, if it thinks fit, order that the wife shall, for the benefit of her husband, make any payment or give any security which the court is by Article 29 of this Law empowered to order a party to make or give.

ARTICLE 31

PAYMENT OF CONTRIBUTIONS FOR SUPPORT TO PERSONS HAVING CHARGE OF MENTALLY AFFLICTED RESPONDENT

Where a decree of divorce or judicial separation or nullity of marriage is granted on the ground of the unsoundness of mind or mental deficiency of the respondent, the court may direct that any payments of contributions for support which, under Article 29 or 30 of this Law, it orders to be made shall be made to such persons having charge of the respondent as the court directs.

ARTICLE 32

POWER TO VARY ORDERS

(1)           The court may from time to time discharge or vary any order made under Article 17, 27, 28, 29 or 30 of this Law or suspend any of the provisions thereof temporarily or revive the operation of any of the provisions so suspended.

(2)           In exercising the powers conferred by this Article, the court shall have regard to all the circumstances of the case, including any increase or decrease in the means of either of the parties to the marriage.

ARTICLE 33

ASCERTAINMENT OF ASSETS AND LIABILITIES OF PARTIES

(1)           For the purposes of Article 27, 28, 29, 30 or 32 of this Law, the court may require each of the parties to a suit to file a sworn detailed declaration of his or her assets and liabilities and of particulars of all charges against such assets.

(2)           The court may sit in private for the verification of the assets and liabilities of the parties and for the purpose of deciding upon the nature and extent of the order or orders, if any, proper to be made in the case.

ARTICLE 34

COURT TO HAVE REGARD TO BENEFITS ACCRUING TO PARTY

In making any order under Article 29 or 30 of this Law, the court shall have regard to the benefits accruing to the party in whose favour such order is made under any other order made in pursuance of this Law.

ARTICLE 35

EXECUTION OF INSTRUMENTS BY ORDER OF THE COURT

Where any person neglects or refuses to comply with an order of the court directing him to execute or make any conveyance, assignment, or other document or instrument or indorsement, for giving effect to any order of the court under Article 17, 27, 28, 29, 30 or 32 of this Law, the court may, on such terms and conditions, if any, as may be just, order that the conveyance, assignment, or other document or instrument or indorsement, shall be executed, made or done by such person as the court nominates for the purpose, at the cost of the person in default, or otherwise, as the court directs, and a conveyance, assignment, document, instrument or indorsement so executed, made or done shall operate and be for all purposes available as if it had been executed, made or done by the person originally directed to execute, make or do it.

ARTICLE 36

DEATH OF PARTY AFTER DECREE ABSOLUTE

(1)           In the event of the death of either of the parties to a suit for divorce or nullity of marriage after the decree has been made absolute but before any definitive order under Article 27, 28 29 or 30 of this Law has been made, the court may make any such order as aforesaid which it could lawfully have made if such death had not occurred, and the said order shall take effect as if it had been made immediately before the death.

(2)           The court may make an order under this Article on the application of any person who is, in the opinion of the court, an interested person, if the court is satisfied that notice of the proceedings has been given to every person whose interests may be affected by the order or to the attorneys of such persons.

ARTICLE 37

RE-MARRIAGE AFTER DIVORCE OR PRESUMPTION OF DEATH

(1)           As soon as any decree of divorce or presumption of death is made absolute, either of the parties to the marriage may, if there is no right of appeal against the decree absolute, marry again as if the prior marriage had been dissolved by death or, if there is such a right of appeal, may so marry again, if no appeal is presented against the decree, as soon as the time for appealing has expired, or, if an appeal is so presented, as soon as the appeal has been dismissed.

(2)           No clergyman of the Church of England shall be compelled to solemnize the marriage of any person whose former marriage has been dissolved on any ground and whose former husband or wife is still living or to permit the marriage of any such person to be solemnized in the church or chapel of which he is the minister.

ARTICLE 38

RECORDS TO BE MADE IN REGISTERS OF MARRIAGES

(1)           Where, in relation to persons whose marriage has been registered in pursuance of the “Loi (1842) sur l’Etat Civil”,2 a decree of divorce or of nullity of marriage or of presumption of death has been made absolute, the Judicial Greffier shall, at the expiration of the period mentioned in paragraph (2) of this Article, transmit a certified copy of the decree to the Superintendent-Registrar, and the Superintendent-Registrar shall cause the entry of the marriage in the Registers of Marriages to be marked with the words “Marriage dissolved or declared void or annulled by decree of the Royal Court of the day of , 19 ”.

(2)           The period within which the Judicial Greffier is required to transmit a certified copy of a decree to the Superintendent-Registrar in pursuance of paragraph (1) of this Article shall be –

(a)     if there is no right of appeal against the decree absolute, as soon as the decree has been made ;

(b)     if there is such a right of appeal and no appeal is presented against the decree, as soon as the time for appealing has expired ;

(c)     if there is such a right of appeal and an appeal is so presented, as soon as the appeal has been dismissed.

(3)           In this Article –

“the ‘Loi (1842) sur l’Etat Civil’ ” means the Règlement relating to the registration of births, marriages and deaths, passed by the States on the first day of November, 1841, and confirmed by Order of Her Majesty in Council of the twenty-seventh day of April, 1842,2 as amended by any subsequent enactment ;

“the Superintendent-Registrar” means the Superintendent-Registrar appointed in pursuance of the “Loi (1842) sur l’Etat Civil”.3

ARTICLE 39

REGULATION OF REPORTS

(1)           It shall not be lawful to print or publish, or cause or procure to be printed or published in relation to any judicial proceedings for dissolution of marriage, for the separation of married persons, for nullity of marriage or for restitution of conjugal rights any particulars other than the following –

(a)    the names, addresses and occupations of the parties and witnesses ;

(b)    a concise statement of the charges, defences and counter-charges in support of which evidence has been given ;

(c)    submissions on any point of law arising in the course of the proceedings and the decision of the court thereon ;

(d)    the judgment of the court and observations made by members of the court in giving judgment :

Provided that nothing in this paragraph shall be held to permit the publication of any details or special matter likely to injure public morals.

(2)           If any person acts in contravention of the provisions of this Article, he shall be liable in respect of each offence to a fine not exceeding one hundred pounds sterling or to imprisonment for a term not exceeding six months or to both such fine and such imprisonment :

Provided that no person, other than a proprietor, editor, master printer or publisher of a newspaper or other vehicle of publication of the matter in respect of which the prosecution is instituted shall be liable to be convicted under this Article.

(3)           Nothing in this Article shall apply to the printing of any pleadings, transcript of evidence or other document for use in connexion with any judicial proceedings or the communication thereof to persons concerned in the proceedings, or to the printing or publishing of any copies or report in pursuance of directions of the court or of His Majesty or of the Lords of His Privy Council, or to the printing or publication of any matter in any separate volume or part of any bona fide series of law reports which does not form part of any other publication and consists solely of reports of proceedings in courts of law, or in any publication of a technical character bona fide intended for circulation among members of the legal or medical professions.

ARTICLE 40

SERVICE OF PETITION

In any proceedings under this Law, any petition, summons, notice or other document may be served on the party to be affected thereby, either within or without the Bailiwick, in such manner as may be prescribed.

ARTICLE 41

EVIDENCE

The parties to any proceedings instituted in consequence of adultery and the husbands and wives of the parties shall be competent to give evidence in the proceedings, but no witness in any such proceedings, whether a party thereto or not, shall be liable to be asked or be bound to answer any question tending to show that he or she has been guilty of adultery unless he or she has already given evidence in the same proceedings in disproof of the alleged adultery.

ARTICLE 42

INDECENT EVIDENCE

In any proceedings under this Law in which any evidence of an indecent character is about to be tendered, the court may, if it thinks it necessary in the interest of the administration of justice or of public decency, direct that all or any persons, not being members or officers of the court or the parties to the proceedings or other persons directly concerned in the proceedings, shall be excluded from the court during the taking of that evidence.

ARTICLE 43

RULES OF COURT

The power to make rules of court under the Royal Court (Jersey) Law, 1948,4 shall include a power to make rules for the purposes of this Law and proceedings thereunder, and such rules may make provision for enabling persons to take proceedings under this Law in forma pauperis, and for the hearing in vacation of all such applications as may require to be immediately or promptly heard.

ARTICLE 44

POWERS OF STATES AS REGARDS FEES

For the avoidance of doubt, it is hereby declared that the power to fix fees conferred upon the States by –

(a)     “La Loi (1930) constituant le Département du Vicomte” ;5

(b)     “La Loi (1930) constituant le Département des Officiers de la Couronne” ;6

(c)     “La Loi (1931) constituant le Département du Greffe Judiciaire” ;7

(d)     “La Loi (1936) touchant la Rétribution de la charge de Bailli” ;8

or by any Law, whether passed before or after the commencement of this Law, amending the said Laws, shall include a power to fix fees for the purposes of this Law.

ARTICLE 45

SAVING OF RIGHTS AND POWERS OF THE ECCLESIASTICAL COURT

Nothing in this Law shall be construed as derogating in any way from any rights or powers of the Ecclesiastical Court in existence immediately before the coming into force of this Law.

ARTICLE 46

TEMPORARY PROVISION IN RELATION TO APPEALS

Until such time as Articles 12, 13 and 14 of the Court of Appeal (Channel Islands) Order, 1949, come into force, an appeal from a decision of the court under this Law shall lie to the Superior Number of the Royal Court in like manner as it would lie to the Court of Appeal if those provisions of that Order were in force.

ARTICLE 47

SHORT TITLE AND COMMENCEMENT

(1)           This Law may be cited as the Matrimonial Causes (Jersey) Law, 1949.

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

To be printed, published and posted.

 

F. DE L. BOIS,

 

Greffier of the States.



1        Tome 1946–1948, page 425.

2        Tome I, page 276.

3        Tome I, page 276.

4        Tome 1946–1948, page 573.

5        Tome VII, page 67.

6        Tome VII, page 101.

7        Tome VII, page 109.

8        Tome VII, page 496.


Page Last Updated: 07 Mar 2016