INFO YOU CAN USE: Presuming death in a divorce application

ANY married person who alleges that reasonable grounds exist for supposing that their spouse is dead may present a petition to the court to have it presumed that the other party is dead, and to have the marriage dissolved.

If the court is satisfied that such reasonable grounds exist, it may make a decree of presumption of death and dissolution of the marriage.

In any such proceedings, the fact that for a period of seven years or upwards the other party to the marriage has been continually absent from the petitioner and the petitioner has no reason to believe that the other party has been living within that time, shall be evidence that the person is dead, until the contrary is proved.

For overseas petitioners, a decree of presumption of death and dissolution of marriage effected in accordance with the law of a foreign country shall be recognised as valid in Jamaica:-

(a) if the petitioner was, at the relevant date:

(i) a national of,

(ii) domiciled in; or

(iii) ordinarily resident in the country in which the decree was obtained.

Now you can read the Jamaica Observer ePaper anytime, anywhere. The Jamaica Observer ePaper is available to you at home or at work, and is the same edition as the printed copy available at https://bit.ly/epaper-login

HOUSE RULES

  1. We welcome reader comments on the top stories of the day. Some comments may be republished on the website or in the newspaper; email addresses will not be published.
  2. Please understand that comments are moderated and it is not always possible to publish all that have been submitted. We will, however, try to publish comments that are representative of all received.
  3. We ask that comments are civil and free of libellous or hateful material. Also please stick to the topic under discussion.
  4. Please do not write in block capitals since this makes your comment hard to read.
  5. Please don't use the comments to advertise. However, our advertising department can be more than accommodating if emailed: advertising@jamaicaobserver.com.
  6. If readers wish to report offensive comments, suggest a correction or share a story then please email: community@jamaicaobserver.com.
  7. Lastly, read our Terms and Conditions and Privacy Policy