Jersey Law 27/1961

MATRIMONIAL CAUSES (AMENDMENT) (JERSEY) LAW, 1961.

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

26th day of JUNE, 1961.

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(Registered on the 15th day of July, 1961).

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STATES OF JERSEY.

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The 26th day of January, 1961.

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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 29 and 30 of the Matrimonial Causes (Jersey) Law, 19491 (hereinafter referred to as “the principal Law”) there shall be substituted the following Articles –

“ARTICLE 29

CONTRIBUTIONS FOR SUPPORT; SECURED PROVISION

(1)          On any decree of divorce or nullity of marriage, the court may, if it thinks fit, order that the husband shall, to the satisfaction of the court, secure to the wife such gross sum of money or annual sum of money for any term, not exceeding her life, as, having regard to the conduct of the parties and the fortune and earning capacity of each of them, the court may deem to be reasonable.

(2)          In any case where a decree of divorce is granted to a wife on the ground of her husband’s unsoundness of mind, the provisions of paragraph (1) of this Article shall apply as if for the references to the husband there was substituted references to the wife and for the references to the wife there were substituted references to the husband.

ARTICLE 30

CONTRIBUTIONS FOR SUPPORT; PAYMENT DURING JOINT LIVES

(1)          On any decree of divorce, judicial separation, restitution of conjugal rights or nullity of marriage, the court may, if it thinks fit, by order direct the husband to pay to the wife, during their joint lives, such monthly or weekly sum for the maintenance and support of the wife as the court may think reasonable, and any such order may either be in addition to or be instead of an order made under Article 29 of this Law.

(2)          In any case where a decree of divorce or judicial separation is granted to a wife on the ground of her husband’s unsoundness of mind, the provisions of paragraph (1) of this Article shall apply as if for the reference to the husband there were substituted a reference to the wife and for the references to the wife there were substituted references to the husband.

ARTICLE 30A

CONTRIBUTIONS FOR SUPPORT; INTERIM ORDERS

(1)          On any petition for divorce, judicial separation, restitution of conjugal rights or nullity of marriage, the court may, if it thinks fit, by interim order direct the husband to pay to the wife such sums for the maintenance and support of the wife as the court thinks just, 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.

(2)          In any case where a petition for divorce or judicial separation is presented by a wife on the ground of her husband’s unsoundness of mind, the provisions of paragraph (1) of this Article shall apply as if for the reference to the husband there were substituted a reference to the wife and for the references to the wife there were substituted references to the husband.”

(2)           In Article 31 of the principal Law,2 for the words “29 or 30” there shall be substituted the words “29, 30 or 30A”, in paragraph (1) of Article 32 of the principal Law,³ for the words “29 or 30” there shall be substituted the words “29, 30 or 30A”, in paragraph (1) of Article 33 of the principal Law,3 for the words “30 or 32” there shall be substituted the words “30, 30A or 32”, and in paragraph (1) of Article 36 of the principal Law,4 for the words “28, 29 or 30” there shall be substituted the words “28 or 29”.

ARTICLE 2

(1)           The amendment of the principal Law by this Law 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 Law³ to vary any such order or suspend any of the provisions thereof or revive the operation of any of the provisions suspended.

(2)           Where at the date of the commencement of this Law any application made for an order under Article 29 or 30 of the principal Law5 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 3

This Law may be cited as the Matrimonial Causes (Amendment) (Jersey) Law, 1961, and this Law and the principal Law may be cited together as the Matrimonial Causes (Jersey) Laws, 1949 and 1961.

F. DE L. BOIS,

Greffier of the States.