Jersey Law 26/1973

MATRIMONIAL CAUSES (AMENDMENT No. 3) (JERSEY) LAW, 1973.

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A LAW   amend further the Matrimonial Causes (Jersey) Law, 1949, sanctioned by Order of Her Majesty in Council of the

13th day of NOVEMBER, 1973.

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(Registered on the 21st day of December, 1973).

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STATES OF JERSEY.

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The 12th day of June, 1973.

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

ARTICLE 1

(1)           For Articles 28, 29 and 30 of the Matrimonial Causes (Jersey) Law, 1949,1 as amended,2 (hereinafter referred to as “the principal Law”) there shall be substituted the following Articles –

“ARTICLE 28

POWER OF COURT TO ORDER TRANSFER OR SETTLEMENT OF PROPERTY

(1)          Where a decree of divorce or nullity of marriage or judicial separation has been made, the Court may, having regard to the conduct of the parties to the marriage and to their actual and potential financial circumstances and notwithstanding the provisions of Article 26 of this Law, order:  -

(a)     that one party to the marriage transfer to the other party to the marriage, or to any child or children of the marriage, or to such person as may be specified in the order for the benefit of such child or children, any property whether real or personal to which the first mentioned party is entitled;

(b)     that a settlement of any property whether real or personal to which one party to the marriage is entitled be made to the satisfaction of the Court for the benefit of the other party to the marriage or of any child or children of the marriage.

(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

FINANCIAL PROVISION FOR PARTY TO A MARRIAGE IN CASES OF DIVORCE ETC

(1)          Where a decree of divorce, nullity of marriage, judicial separation or restitution of conjugal rights has been made, the Court may, having regard to the conduct of the parties to the marriage and to their actual and potential financial circumstances, order:  -

(a)     that one party to the marriage shall pay to the other party to the marriage during their joint lives or for such other term as may be specified in the order such annual or other periodic sum for the maintenance and support of that other party as the Court may think reasonable;

(b)     that one party to the marriage shall pay to the other party to the marriage such lump sum or sums as the Court may think reasonable in lieu of or in addition to any sum ordered to be paid under sub-paragraph (a) of this paragraph;

(c)     that security be given for the payment of any sum or sums ordered to be paid under sub-paragraphs (a) and (b) of this paragraph;

(d)     that where security is given under sub-paragraph (c) of this paragraph, the order of the Court by which such security is given shall take effect upon registration in the Public Registry as a judicial hypothec upon the real property of the person against whom such order of the Court has been made as if it were an act or judgment of the Royal Court to which Article 13 of the Loi (1880) sur la propriété foncière3 applied.

(2)          Without prejudice to the generality of paragraph (1)(b) of this Article, an order under this Article that one party to the marriage shall pay a lump sum to the other party to the marriage –

(a)     may be made for the purpose of enabling that other party to meet any liabilities or expenses reasonably incurred by him or her in maintaining himself or herself or any child of the marriage before the making of an application for an order under this Article;

(b)     may provide for the payment of that sum by instalments of such amount as may be specified in the order.

(3)          The provisions of paragraph (1) (b) and (2) of this Article shall not apply where a decree for restitution of conjugal rights has been made.”

(2)           In Articles 31, 32, 33, 34 and 35 of the principal Law,4 references to Article 30 shall be deleted.

(3)           The amendment of the principal Law by this Article shall not affect the validity of any order made under the principal Law before the commencement of this Law:

Provided that nothing in this paragraph shall restrict the power of the Court under Article 32 of the principal Law5 to vary any such order or suspend any of the provisions thereof or revive the operation of any of the provisions suspended.

(4)           Where at the date of the commencement of this Law any application made for an order under Article 28, 29 or 30 of the principal Law6 has not been determined, the application shall be treated as an application made under the corresponding provision of the principal Law as amended by this Law:

Provided that where by reason of such amendment it is not possible to make the order, the court may make any order for which application might have been made if this Law had been in force at the date of the application.

ARTICLE 2

For paragraph (1) of Article 39 of the principal Law,7 as amended, there shall be substituted the following paragraph –

“(1)        It shall not be lawful to print or publish, or cause or procure to be printed or published –

(a)     in relation to any judicial proceedings for dissolution of marriage, or the separation of married persons, on the ground of the respondent’s incurable unsoundness of mind, any particulars whatsoever;

(b)     in relation to any judicial proceedings for nullity of marriage on the ground of the respondent’s unsoundness of mind at the time of the marriage, any particulars whatsoever;

(c)     in relation to any judicial proceedings for dissolution of marriage, the separation of married persons, or nullity of marriage, on any other ground, or for restitution of conjugal rights, any particulars other than the following –

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

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

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

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

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

ARTICLE 3

This Law may be cited as the Matrimonial Causes (Amendment No. 3) (Jersey) Law, 1973, and this Law and the Matrimonial Causes (Jersey) Laws, 1949 to 1964 may be cited together as the Matrimonial Causes (Jersey) Laws, 1949 to 1973.

R.S. GRAY,

Deputy Greffier of the States.