SEPARATION
AND MAINTENANCE ORDERS (AMENDMENT No. 2)
(JERSEY) LAW 2000
____________
A LAW to amend further the
Separation and Maintenance Orders (Jersey) Law 1953; sanctioned by Order of Her
Majesty in Council of the
11th
day of OCTOBER 2000
____________
(Registered
on the 20th day of October 2000)
____________
STATES
OF JERSEY
____________
The 23rd day of May 2000
____________
THE STATES, subject to the sanction of Her
Most Excellent Majesty in Council, have adopted the following Law -
ARTICLE 1
In
the long title of the Separation and Maintenance Orders (Jersey)
Law 1953, as amended
(hereinafter
referred to as “the principal Law”), for the words “the wife
and children” there shall be substituted the words “either party to
and the children of the marriage”.
ARTICLE 2
For
Articles 2 and 3 of the principal Law
there shall be
substituted the following Article -
“ARTICLE 2
POWER OF COURT TO MAKE ORDER ON
APPLICATION OF EITHER PARTY
(1) A party to a marriage
shall be entitled to apply to the court for an order under this Article on the
ground that the other party to the marriage -
(a) has failed to provide
reasonable maintenance for the applicant;
(b) has failed to provide,
or to make a proper contribution towards, reasonable maintenance for any child
of the marriage;
(c) has behaved in such a
way that the applicant cannot reasonably be expected to live with him or her;
or
(d) has deserted the
applicant.
(2) On an application made
under this Article, the court may make an order or orders containing all or any
of the following provisions -
(a) a provision that the
applicant be no longer bound to cohabit with the other party to the marriage;
(b) a provision for the
legal custody of any child of the marriage who is under the age of sixteen
years;
(c) a provision that one
party to the marriage shall pay to the other party to the marriage personally,
or to an officer of the court or third person on behalf of the other party to
the marriage, such weekly sum (not exceeding such amount as the States shall by
regulations prescribe) for the maintenance of the other party to the marriage
and any child of the marriage in the other party’s legal custody, until
the child attains the age of sixteen years, as the court, having regard to the
means of both parties to the marriage, considers reasonable;
(d) where either or both of
the parties to the marriage are tenants of the matrimonial home, a provision
that either party to the marriage shall vacate the matrimonial home within such
period as the court, in all the circumstances, considers reasonable; and
(e) where the party
required to vacate the matrimonial home under sub-paragraph (d) is the sole
tenant or the parties to the marriage are joint tenants of the matrimonial
home, that, subject to the agreement of the owner of the property, the rights
of tenancy possessed by the vacating party to the marriage be transferred to
the other party to the marriage.
(3) Where the court makes
an order containing the provision
described in sub-paragraph (d) of paragraph (2), from the time the order is
made, the vacating party to the marriage shall be deemed to have forfeited all
his or her rights as a tenant or as a ‘locataire réfractaire’ within the meaning of the Loi
(1946) concernant l’expulsion des locataires réfractaires.”.
ARTICLE
3
Article
4 of the principal Law
shall be repealed.
ARTICLE 4
In
Article 5 of the principal Law,3
the words “or
Article 3” shall be deleted.
ARTICLE
5
In
Article 6 of the principal Law -
(a) the words “or
Article 3” shall be deleted;
(b) for the words
“the husband shall pay to the wife personally, or to any officer of the
court or third person on her behalf” there shall be substituted the words
“one party to the marriage shall pay to the other party to the marriage
personally, or to an officer of the court or third person on behalf of the
other party to the marriage”; and
(c) for the words
“the wife and any children in her custody” there shall be
substituted the words “the other party to the marriage and any children
of the marriage in the legal custody of the other party”.
ARTICLE 6
In
Article 6A of the principal Law4
-
(a) the words “or
Article 3” shall be deleted;
(b) for the words beginning
“the wife, may order” and ending “by regulations
prescribe)” there shall be substituted the words “one of the
parties to the marriage, may order the other party to the marriage to pay to
the party having custody of the children personally, or to an officer of the
court or third person on behalf of the party to the marriage having custody of
the children, such weekly sum”.
ARTICLE 7
In
Article 7 of the principal Law,
the words “,
Article 3” shall be deleted.
ARTICLE 8
In
Article 8 of the principal Law5 -
(a) in paragraphs (1) and
(3), the words “, Article 3” shall be deleted; and
(b) paragraph (2) shall be
deleted.
ARTICLE 9
In
Article 9 of the principal Law,
in paragraph (2),
for the words “the wife, it appears to the court that a child for whose
maintenance provision is made by the order ” there shall be substituted
the words “the party to the marriage having legal custody of a child for
whose maintenance provision is made by the order, it appears to the court that
the child”.
ARTICLE 10
In
Article 12 of the principal Law
-
(a) in paragraph (1) -
(i) for the words
“whilst the wife with respect to whom the order was made resides with her
husband” there shall be substituted the words “whilst the parties
to the marriage reside together”, and
(ii) for the words
“the wife continues to reside with her husband” there shall be
substituted the words “the parties to the marriage continue to reside
together”;
(b) in paragraph (2) -
(i) for the words
“a wife” there shall be substituted the words “a party to a
marriage”, and
(ii) for the words
“her husband after living apart from him” there shall be
substituted the words “the other party to the marriage after living apart
from that person”.
ARTICLE 11
For
Article 13 of the principal Law
there shall be
substituted the following Article -
“ARTICLE
13
LIABILITY
FOR ACTS OF OTHER PARTY TO MARRIAGE
So
long as a separation under an order made under this Law subsists, neither party
to the marriage shall be liable in respect of any engagement or agreement
entered into by the other party to the marriage after the separation begins or
for any wrongful act or omission by the other party to the marriage or for any
costs which the other party to the marriage may incur as plaintiff or
defendant:
Provided
that where the court has ordered a party to the marriage to pay any sum for the
maintenance of the other party to the marriage or of any children of the
marriage, and the firstmentioned party has not duly paid such sum, that party
shall be liable for necessaries supplied for the use of the other party to the
marriage or of any such children.”.
ARTICLE 12
This
Law may be cited as the Separation and Maintenance Orders (Amendment No. 2) (Jersey) Law 2000.
G.H.C.
COPPOCK
Greffier
of the States.