All Woman
  • Home
  • Relationships
  • Features
  • Fashion & Beauty
  • Health & Fitness
  • Your Rights
  • Parenting
  • Advice
    • Home
    • Relationships
    • Features
    • Fashion & Beauty
    • Health & Fitness
    • Your Rights
    • Parenting
    • Advice
Suspected divorce fraud
All Woman, Your Rights
 on October 21, 2018

Suspected divorce fraud

Margarette Macaulay 

Dear Mrs Macaulay,

I am writing on behalf of my brother, who recently found out that his wife divorced him. But when he applied for a copy at the Supreme Court, the number on the divorce decree that he was given is linked to a different name. This leaves him wondering what steps to take, as he needs his copy.

Your brother is not in an unusual position. This situation is quite frequent with both male and female petitioners. They generally lie about not knowing where their wife or husband resides and that all their family members refuse to tell them anything. Then they apply for orders for substituted service instead of personal service, for a notice of the petition to be published in one of the daily newspapers in two or three publications and on the filing of the pages, the proceeding will continue to completion unless the respondent finds out about the publication and intervenes in the matter. They can then counter the assertion and prove that the petitioner had lied.

Some petitioners actually go to more fraudulent extents, for instance, they point out some other man or woman as their wife or husband (sometimes their current significant other), who is served by the process server, who then does his or her affidavit of service innocently. Or, another form is that it is done with the connivance of the lawyer and/or the process server, who falsely prepare and cause to be sworn a false affidavit of service that the respondent husband or wife was served on a particular day and time and at a certain place.

These are some of the ways a fraud regarding service of the petition on the respondent is committed by a petitioner solely, or with the assistance of others. It is, if a lawyer assists, professional misconduct, and if a complaint is laid in the General Legal Council, and the alleged facts are proved, such a lawyer could be disbarred, suspended, or fined. If the person who assists is a lay person, that person commits an offence and can be charged, which on conviction can result in a jail penalty or a fine.

Anyway, in your brother’s case, from what you said, he only obtained a copy of the decree — you did not say whether it was the nisi or the absolute, so I deduce that it was the absolute. He should apply and obtain copies of the petition itself and all affidavits filed in the proceedings — in fact the entire file. When he goes through all the documents, he should be able to determine from the facts stated in them whether those proceedings relate to his ‘ex wife’ and himself or not.

You also did not say whether upon seeing different names on the document, he asked them at the Supreme Court registry to do a search with just her name and his. On the face of it, it seems that more detailed searches should be done in order to really ascertain whether or not the information he received that his wife had divorced him is really true.

You ask what steps he should take. Well, some of the steps are what I have suggested above. He must go and get the rest of the documents in the file from which he obtained the copy of the decree absolute and also ask for a search with only the use of his wife’s and his names. Having done these and checked them and if they still are incorrect, he can obtain an appointment to speak with the Registrar of the Supreme Court about the matter. He must take with him a copy of his marriage certificate and identification when he meets with the Registrar. The Registrar is in charge of the Registry and she can ensure that a proper search is done so that the petition (if any) and all other documents filed by his wife are found in the recorded system.

If the file related to him and his wife is found, and she did divorce him without his knowledge, and not having served him when she knew where he could be found, he can retain a lawyer to apply to set aside the fraudulently obtained decree. Or he can decide to accept the final decree and just go on with his life.

However, for him to definitely know his current status so he can decide what to do about it, he should do what I suggest and see and speak with the Registrar about the matter and in this way ensure that he reads the proceedings filed by his wife against him and obtain a certified copy of the decree absolute granted in his wife’s alleged divorce proceedings.

I trust that he will follow the steps I have suggested.

Margarette May Macaulay is an attorney-at-law, Supreme Court mediator, notary public, and women’s and children’s rights advocate. Send questions via e-mail to allwoman@jamaicaobserver.com; or write to All Woman, 40-42 1/2 Beechwood Avenue, Kingston 5. All responses are published. Mrs Macaulay cannot provide personal responses.

DISCLAIMER:

The contents of this article are for informational purposes only, and must not be relied upon as an alternative to legal advice from your own attorney.

{"website":"website"}{"allwoman":"All Woman"}
0 Comments · Make a comment

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
ALSO ON ALL WOMAN
Governor Sharon Williams Smith: The woman who sends the elevator back down
All Woman, Features
Governor Sharon Williams Smith: The woman who sends the elevator back down
October 12, 2026
LONG before Sharon Williams Smith became governor of Kiwanis International’s Eastern Canada and the Caribbean District, she was a little girl growing ...
{"allwoman":"All Woman", "jamaica-observer":"Jamaica Observer"}
Mom pretending another man is child’s father
All Woman, Features, Your Rights
Mom pretending another man is child’s father
Margarette Macaulay 
October 12, 2026
Dear Mrs Macaulay, I am on my daughter’s birth certificate as her father. She is two years old. Her mother is living with another man, and has told nu...
{"allwoman":"All Woman", "jamaica-observer":"Jamaica Observer"}
Fight for your man
All Woman, Features, Relationships
Fight for your man
Marie BERBICK-BAILEY 
October 12, 2026
WHAT do you do when you know another woman is interested in your man? Maybe she’s liking all his pictures. She’s sending those late-night messages. Sh...
{"allwoman":"All Woman", "jamaica-observer":"Jamaica Observer"}
The heart wants what the heart wants
Advice, All Woman, Features
The heart wants what the heart wants
Rev Christopher Brodber 
October 12, 2026
Counsellor, The father of my three children broke up with me and went back with the ex who he had left to be with me. Now they are planning to get mar...
{"allwoman":"All Woman", "jamaica-observer":"Jamaica Observer"}
Jillisa Henry is just getting started
All Woman, Career & Education
Jillisa Henry is just getting started
... her hospitality story continues
October 11, 2026
WHEN Jillisa Henry first walked through the doors of Sandals Dunn’s River in 2023 she was looking for more than a job; she was looking for a place whe...
{"allwoman":"All Woman", "jamaica-observer":"Jamaica Observer"}
Cradling the mother: How Simeca Alexander Williamson is revolutionising Jamaica’s maternal care
All Woman, Features
Cradling the mother: How Simeca Alexander Williamson is revolutionising Jamaica’s maternal care
October 5, 2026
SITTING inside her car outside Kingston’s Victoria Jubilee Hospital (VJH) in 2021, Simeca Alexander Williamson needed a moment to breathe. It was at t...
{"allwoman":"All Woman"}
Does my husband have a second wife?
All Woman, Your Rights
Does my husband have a second wife?
Margarette May Macaulay 
October 5, 2026
DEAR MRS MACAULAY, I am an American married to a Jamaican man for two years. At the time of our marriage I was aware of an ex-wife, and he produced di...
{"allwoman":"All Woman"}
Stepmom feeling disrespected, unappreciated
Advice, All Woman
Stepmom feeling disrespected, unappreciated
Rev Chris Brodber 
October 5, 2026
Counsellor, I’ve been with my partner for six years, and we have been living together for the past three. He has two children from a previous relation...
{"allwoman":"All Woman"}
❮ ❯
Scroll
Polls
Governor Sharon Williams Smith: The woman who sends the elevator back down
All Woman, ...
Governor Sharon Williams Smith: The woman who sends the elevator back down
October 12, 2026
LONG before Sharon Williams Smith became governor of Kiwanis International’s Eastern Canada and the Caribbean District, she was a little girl growing ...
{"allwoman":"All Woman", "jamaica-observer":"Jamaica Observer"}
Mom pretending another man is child’s father
All Woman, ...
Mom pretending another man is child’s father
Margarette Macaulay 
October 12, 2026
Dear Mrs Macaulay, I am on my daughter’s birth certificate as her father. She is two years old. Her mother is living with another man, and has told nu...
{"allwoman":"All Woman", "jamaica-observer":"Jamaica Observer"}
Fight for your man
All Woman, ...
Fight for your man
Marie BERBICK-BAILEY 
October 12, 2026
WHAT do you do when you know another woman is interested in your man? Maybe she’s liking all his pictures. She’s sending those late-night messages. Sh...
{"allwoman":"All Woman", "jamaica-observer":"Jamaica Observer"}
The heart wants what the heart wants
Advice, ...
The heart wants what the heart wants
Rev Christopher Brodber 
October 12, 2026
Counsellor, The father of my three children broke up with me and went back with the ex who he had left to be with me. Now they are planning to get mar...
{"allwoman":"All Woman", "jamaica-observer":"Jamaica Observer"}
Jillisa Henry is just getting started
All Woman, ...
Jillisa Henry is just getting started
... her hospitality story continues
October 11, 2026
WHEN Jillisa Henry first walked through the doors of Sandals Dunn’s River in 2023 she was looking for more than a job; she was looking for a place whe...
{"allwoman":"All Woman", "jamaica-observer":"Jamaica Observer"}
Archives
Polls
Recent Posts
Governor Sharon Williams Smith: The woman who sends the elevator back down
All Woman, ...
Governor Sharon Williams Smith: The woman who sends the elevator back down
October 12, 2026
LONG before Sharon Williams Smith became governor of Kiwanis International’s Eastern Canada and the Caribbean District, she was a little girl growing ...
{"allwoman":"All Woman", "jamaica-observer":"Jamaica Observer"}
Mom pretending another man is child’s father
All Woman, ...
Mom pretending another man is child’s father
Margarette Macaulay 
October 12, 2026
Dear Mrs Macaulay, I am on my daughter’s birth certificate as her father. She is two years old. Her mother is living with another man, and has told nu...
{"allwoman":"All Woman", "jamaica-observer":"Jamaica Observer"}
Fight for your man
All Woman, ...
Fight for your man
Marie BERBICK-BAILEY 
October 12, 2026
WHAT do you do when you know another woman is interested in your man? Maybe she’s liking all his pictures. She’s sending those late-night messages. Sh...
{"allwoman":"All Woman", "jamaica-observer":"Jamaica Observer"}
The heart wants what the heart wants
Advice, ...
The heart wants what the heart wants
Rev Christopher Brodber 
October 12, 2026
Counsellor, The father of my three children broke up with me and went back with the ex who he had left to be with me. Now they are planning to get mar...
{"allwoman":"All Woman", "jamaica-observer":"Jamaica Observer"}
Jillisa Henry is just getting started
All Woman, ...
Jillisa Henry is just getting started
... her hospitality story continues
October 11, 2026
WHEN Jillisa Henry first walked through the doors of Sandals Dunn’s River in 2023 she was looking for more than a job; she was looking for a place whe...
{"allwoman":"All Woman", "jamaica-observer":"Jamaica Observer"}
Archives
All Woman
Jamaica Health, Beauty, Weddings &` Motherhood Stories for the Jamaican Woman.
Sections
  • Relationships
  • Features
  • Fashion
  • Health & Fitness
  • Your Rights
  • Parenting
  • Advice
  • Relationships
  • Features
  • Fashion
  • Health & Fitness
  • Your Rights
  • Parenting
  • Advice
Jamaica Observer, © All Rights Reserved