Divorce Proceedings In Jamaica

How To Divorce In Jamaica

According to our jurisdiction's Matrimonial Causes Act, divorce proceedings are governed (The Act). Essentially, a court hearing is the only way to legitimately acquire the dissolution of a marriage because it is a judicial act. The Supreme Court of Judicature of Jamaica, which is the sole Court with the necessary authority, handles divorce cases. According to Matrimonial Causes Act section (5), there is just one ground that must be proven as the cause of the divorce: irretrievable breakdown of the marriage.

As a result, the divorce will not be granted if the Court is not convinced that there has been an irretrievable collapse of the marriage and that there is a realistic probability that the parties will reconcile. Therefore, any spouse who considers their union has irretrievably fallen apart and has little chance of it ever coming back together may petition for a divorce decision. Since the application is being made by petition, the petitioner is the applicant, and the respondent is the other spouse.

Steps To Getting A Divorce In Jamaica

The petitioner must convince the Court that the couple separated and then lived apart for a continuous period of at least 12 months before the date the divorce petition was filed to establish to the Court's satisfaction that there is an irretrievable breakdown of the marriage and a Decree Nisi is justified. The Court may nonetheless determine that the parties were separated and lived apart, even if they continued to live in the same home or provided each other with some household services. In order to determine whether there is a separation in fact and law, the Court will look at the specifics of the living arrangement.

Divorce Proceedings In Jamaica

List Of Legal Aid Lawyers In Jamaica

In contested divorces, a judge from the Supreme Court of Jamaica must consider one or more matters at the trial level. The parties will be responsible for the further cost of the lawyer's time and preparation for this. The parties involved in such a divorce are unable to come to terms with problems like the division of marital property. It has been reported that the lawsuit process can take anything from a year to two years to complete in these circumstances. The decision in the case is made by the judge. The Supreme Court of Jamaica has the authority to grant divorces, which often include severing a married couple's legal marriage ties.
Division of debt, child access, parenting time, child custody, spousal support (alimony), and property distribution are additional factors to consider while getting a divorce.

How Do You Go About Getting A Divorce

The two parties can agree on the children, property, and support matters in an uncontested divorce (either with or without attorneys, mediators, or collaborative counsel). The divorce will very certainly be approved if the parties can reach a compromise and submit a fair and equitable agreement to the Supreme Court of Jamaica. If the parties are unable to reach an agreement, they may request that the Court make decisions on the division of assets and child custody. A court allocation of property rights and liabilities between spouses during a divorce is often referred to as equitable distribution. A property settlement, a court order, or an agreement can all be used to accomplish this. The Supreme Court of Jamaica has the authority to issue a number of directions to either party regarding the partition of property. They consist of the following: Depending on what is most appropriate, the payment of a lump sum may be mandated to one party from the other or in a succession of lump sums. Property does not always refer to tangible items like your home. Maintenance, pensions, and shared savings are other assets that can be included in your combined estate.

Where To Go To File For Divorce

When a marriage ends in divorce, one spouse may continue to support the other financially by paying alimony. Frequently, the receiving spouse must be dependent on their ex-spouse for financial assistance. As a result, alimony is a sum of money determined by the Court and awarded to one of the parents, typically as a contribution to the child's upkeep and education.
The amount of alimony awarded may depend on a number of variables, including the length of the marriage, the ages of the parties, any degrees the parties have acquired, etc. The amount of alimony can be determined by a number of factors relating to the costs and financial circumstances of the divorced or separated parents, including their credit score, rent, net monthly income, taxes, or specific costs related to the children (health, education, medical etc). Payments may be made all at once or over the course of several months. The length of alimony is frequently determined by how long the marriage lasted; in other words, the longer the marriage, the longer alimony will be paid.

Jamaican Marriage Certificate Copy

In Jamaica, West Indies, Victoria W. Brown & Associates is a reliable, skilled team of divorce lawyers. We recognize that major life events like deciding on a child custody schedule, getting a divorce, requesting child support, or disputing paternity may be very stressful and emotionally taxing.
Our objective as an attorney-at-law is to give our clients excellent legal representation while working to reassure them that, despite the fact that the outcome is not certain, they may have confidence that the law will be followed and that their interests will be our top priority.

Frequently Asked Questions

Why Us ?

Victoria W. Brown & Associates is a strong, competent group of divorce attorneys in Jamaica West Indies. Whether you are establishing a child custody arrangement, filing for divorce, seeking child support, or contesting paternity, we understand that these life events can be highly emotional, and very stressful.

As an Attorney-at-Law, our goal is to provide our clients with high-quality legal representation while seeking to assure them that while the outcome is not guaranteed, they can have faith that due process will be followed and that their interests will be of paramount interest to us.