Grounds for divorce

MARRIAGE in Jamaica is governed by the Marriage Act and the legal dissolution of a marriage falls under the Matrimonial Causes Act, which was passed in 1989 and which replaced the Divorce Act.

Petitions for decrees of dissolution of marriage, of nullity of marriage, and applications for orders in matrimonial causes filed under this Act fall within the jurisdiction and power of the Supreme Court of Judicature of Jamaica.

The Matrimonial Causes Act did away with the marital offences which were grounds for divorce under the Divorce Act.

Now either spouse can petition the court for a decree nisi (order for divorce) and later a decree absolute (final order of divorce) on the ground that the marriage has broken down irretrievably. The court must be satisfied with the following before it grants the decree:

1. That the parties separated and have since lived apart for a continuous period of 12 months immediately preceding the date of the filing of the petition; and

2. That there is no reasonable likelihood of cohabitation being resumed.

To prove separation, it must be shown that cohabitation was terminated as a result of an act or of the conduct of one of the parties.

The petitioner can prove that he/she had been living separate from the other spouse even if they continued to live in the same house.

A petition for dissolution of marriage cannot be entertained by the court if the marriage is under two years unless the leave (permission) of the court has been granted for it to be presented within this period.