Citation

Annu. Rev. Popul. Law 1989; 16: 66, 432-5.

Copyright

(Copyright © 1989, Harvard Law School Library)

DOI

unavailable

PMID

12344499

Abstract

This document contains a summary of major portions of Jamaica's Matrimonial Causes Act of 1989 which replaced the Divorce Act of 1879. The 1989 Act allows divorce after two years of marriage on the sole ground of irretrievable breakdown of marriage, evidenced by the continuous separation of the parties for the year previous to the petition. This separation does not guaranteed that a divorce will be granted; a judge may believe that the marriage can be saved and may refer the parties to a marriage counselor. Separation can be effected by only one party, and the separated couple may continue to reside in the same household. In addition to clarifying the law regarding annulments, the new Act introduced new remedies for cases of domestic violence, including court-ordered injunctions. Dissolution of marriage can take place upon presumption of death after the partner has been presumed dead for seven years. The Act contains sections which lay out the grounds for the jurisdiction of the court and the recognition of foreign decrees as well as sections which change the law relating to domicile. The Act also contains child and spousal support provisions which are effective during a marriage and upon the dissolution or nullity of a marriage.

Language: en