Divorce Lawyers in Jamaica on Divorce Laws

Divorce Laws in Jamaica

Divorce marks the end of a marriage and in Jamaica, this is signified by a decree absolute from the Supreme court signed by a judge. It is necessary to follow a checklist once you have decided to proceed with an application for a divorce. Most divorce lawyers in Jamaica will provide you with a checklist on the first consultation. 

The document checklist is as simple as the marriage certificate and a valid identification. The more complex checklist is whether, in the eyes of the law, you will qualify for a divorce.

Grounds for Divorce in Jamaica

It is no longer required for persons to prove fault in order to obtain a divorce in Jamaica. This is not to say that when applying for a divorce in Jamaica one doesn’t have to show adequate reason. In order for the court to grant a divorce in Jamaica, the court would have to be convinced that the marriage has been broken down irretrievably and there is no possibility of reconciliation. One way to prove this is by stating whether you and your spouse had sought counselling. However, it is not required that one proves that they have in fact received counselling. The Court will determine if the grounds are valid or not on a case by case basis.

The Separation Period for Divorce in Jamaica

One of the factors that the court considers when determining whether the marriage has broken down irretrievably is the period of separation. In order to obtain a divorce in Jamaica, it is required that the parties have been separated for at least a year before the filing of the divorce. The two parties usually live in separate residence and this is an indication to the court that the marriage has broken down irretrievably.

It is important to note however that in order to obtain a divorce in Jamaica, one does not have to prove physical separation. The separation may be that the parties no longer engage in the activities they would otherwise engage in as husband and wife. For instance, if they no longer sleep in the same bed, the wife no longer cooks for the husband etc. 

If the parties reconcile within the year of separation then the period of separation will start over.

Can Parties Cite Irreconcilable Differences for Divorce in Jamaica?

As stated above, Jamaica is a no-fault jurisdiction when it comes to divorce, meaning no party has to prove fault in order to be considered for a divorce. Some people like to keep their family life private especially when they have children together so some people may opt to cite irreconcilable differences as the cause for the divorce. Whilst this may sound a bit obscure considering the requirement to prove that the marriage has broken down irretrievable, other factors such as separation usually helps to substantiate this claim and so it is not uncommon to or detrimental to a divorce application in Jamaica for the party to cite irreconcilable difference as the grounds for the divorce.

Other Orders when Applying for Divorce

While some divorce is pretty straight forward, especially when there are no children or assets, others are more complicated. Once there are children under the age of 18 years, the court in Jamaica will not grant a divorce unless it is satisfied that the arrangements for the relevant children are the best they can be under the circumstance. This means that the arrangement for the children will have to be stated in the divorce paperwork, i.e, where the children attend school, their date of birth, whether they suffer from any serious issues etc.

It is therefore for possible for either party to the divorce to request that the court makes an order as to the maintenance of the children or an order that one spouse should pay maintenance to the other spouse

Spousal Support

In Jamaica, either party can seek an order of maintenance against the other during divorce proceedings. This can be done under the Maintenance Act. The Maintenance Act established in 2005, provides that each spouse has an obligation to provide support depending on the needs of the other person. This application of support can also occur within twelve months of the end of the divorce.

Divorce in Jamaica Checklist

• How long have you been married?

Generally, you must have been married for at least two years before you can petition for divorce. However, you may apply to the court for permission to file a petition before two years have elapsed if there are special circumstances that justify the making of such an order. 

• How long have you been separated?

You must be separated from your wife or husband for at least 12 months before you can petition for divorce. That 12-month period of separation could have occurred within the first year of marriage, and a couple may be separated while living under the same roof.

• What is the reason for your separation?

You no longer need to prove that one party to the marriage caused the breakdown of the marriage through infidelity, cruelty, desertion, etc. However, you must satisfy the court that the marriage has broken down irretrievably and that there is no likelihood that cohabitation will be resumed. In establishing these facts, you will be required to briefly state the reason for the separation.

• Have you attempted counselling and reconciliation?

The court is entitled to ask whether the parties attended counselling and attempted reconciliation; so it is advisable to explore these matters before filing the petition for divorce. 

• Do you have children?

If you have children who are under 18 or 21 years old

and attending a tertiary institution, the court will only grant the divorce if the judge is satisfied that adequate arrangements are in place for their care. Questions will arise regarding living accommodations, school arrangements and maintenance when this assessment is being made. 

• Are you entitled to file your petition in the Jamaican court?

The Jamaican Supreme Court will only entertain petitions where either party is a Jamaican national, domiciled in Jamaica or ordinarily resident in Jamaica for at least 12 months immediately preceding the presentation of the petition. 

• Do you have an original Marriage Certificate?

The original marriage certificate will need to be presented to the Court when the application is being made for the Decree Nisi.