Divorce proceedings in our jurisdiction are governed by the Matrimonial Causes Act (The Act). Essentially, the dissolution of a marriage is a judicial act and so cannot lawfully be obtained by any other means otherwise than by a court hearing. Divorce proceedings in Jamaica are dealt with in the Supreme Court of Judicature located in Kingston Jamaica which is the only court of competent jurisdiction.

By virtue of section (5) of the Matrimonial Causes Act, there is only one ground required to show reason for the divorce and that is, that the marriage has broken down irretrievably. It follows that if the Jamaican Court is not satisfied that there is an irretrievable breakdown of the marital union and so there is a reasonable likelihood of the parties resuming the marital relationship then the divorce will not be granted. 

Either party who believes that the union has broken down irretrievably and so there is no likely prospect of reconciliation may apply to obtain a decree for the dissolution of the marriage. The application is by way of petition and so the applicant is the petitioner and the other spouse, the respondent.

In establishing to the judge’s satisfaction that there is irretrievable break down of the marriage and a Decree Nisi is warranted, the petitioner must satisfy the chancery that they have separated and thereafter have lived separately and apart for a continuous period of not less than 12 months before the date of filing the divorce request. Even where the parties may continue to reside in the same house or rendered some household services to the other, the chancery may nevertheless find that the parties are separated and lived separately apart. It is the circumstances of the living arrangement that will be examined by the chancery in this regard to see if there is a separation in fact and law. 

Need more information on legal separation? Then contact Divorce Lawyers Jamaica for a consultation today.