The ground for divorce
Under the Matrimonial Causes Act, the only ground for divorce in Jamaica is that the marriage has broken down irretrievably. This is shown by the spouses having lived separately and apart for at least twelve months immediately before the petition is filed. You do not need to prove fault, such as adultery or cruelty, to obtain a divorce.
The divorce process
- Twelve months' separation. You must have lived apart for at least a year. In some cases spouses can be treated as separated even while living under the same roof, but this needs careful evidence.
- Petition filed. Your attorney prepares and files the petition for dissolution of marriage in the Supreme Court, with supporting affidavits and, where there are children, details of the arrangements for them.
- Service. The petition is served on your spouse, who has the opportunity to respond. If your spouse cannot be found, the Court can be asked to allow another method of service.
- Decree nisi. If the Court is satisfied, it grants a decree nisi, which is a provisional order.
- Decree absolute. After a waiting period, an application is made for the decree absolute, which finally ends the marriage. Only then are you free to remarry.
An undefended divorce with all documents in order commonly takes several months from filing. Defended divorces, or those where service is difficult, take longer.
Children
The Court must be satisfied with the arrangements for any children of the marriage before the divorce is finalised. Custody, care and control, access and maintenance can be agreed between the parents or decided by the Court, always on the basis of the child's best interests.
Property and maintenance
Dividing property is a separate application from the divorce itself. The Property (Rights of Spouses) Act sets the rules, and generally gives each spouse an equal share in the family home unless the Court decides that would be unreasonable or unjust. It also covers other property acquired during the marriage. The Act also applies to unmarried partners who lived together as spouses for at least five years. Strict time limits apply to property applications after a divorce or separation, so take advice early. Spousal maintenance may also be claimed in appropriate cases.
Divorcing from overseas
If you were married in Jamaica but now live abroad, you may be able to divorce in Jamaica or in the country where you live. The right choice depends on where you and your spouse are domiciled or resident, and where any property and children are. A Jamaican attorney can often take the Jamaican proceedings through without you attending every hearing.
Common questions
How long do I have to be separated before divorcing in Jamaica?
At least twelve months, immediately before the petition is filed.
Do I need my spouse's agreement to get a divorce?
No. Your spouse can contest the petition, but an irretrievable breakdown shown by twelve months' separation is the only ground, so a divorce cannot usually be blocked simply by refusing to agree.
Does divorce automatically divide our property?
No. The division of property is dealt with in a separate application under the Property (Rights of Spouses) Act, which is subject to time limits.
This guide is general information about Jamaican law, not legal advice. Fees, taxes and procedures change, and every situation is different. Contact us for advice on your own matter.