2023 Laws not yet authenticated through a Commencement Order

Revised Laws of Saint Lucia (2023)

ACT

(Act 2 of 1973, 25 of 1974 and 14 of 1976)

Act 2 of 1973 .. in force 10 January 1977 (S.I. 1/1977)

Amended by Act 25 of 1974 (not in force)

Amended by Act 14 of 1976 .. in force 29 May 1976

Amended by Act 4 of 1988 .. in force 21 May 1988

ARRANGEMENT OF SECTIONS

1.Short title

PRELIMINARY

2.Interpretation

PART 1
DIVORCE

3.Breakdown of marriage to be sole divorce
4.Proof of breakdown
5.Restriction on petitions for divorce
6.Effect of previous separation
7.Alleged adulterer as a party
8.Provision designed to effect reconciliation
9.Opposition to decree
10.Financial protection for respondent
11.Court Review of agreements
12.Remarriage of divorced persons
13.Additional grounds for nullity decree
14.Status of children of annulled marriages

PROCEDURE AND JURISDICTION

15.Decree nisi and absolute and remarriage
16.Intervention of Queen's Proctor
17.Abolition of bars
18.Additional jurisdiction in proceedings by a wife
19.Evidence and hearing in camera
20.Restriction on publication of reports of judicial proceedings

PART 2
MAINTENANCE AND RELATED MATTERS

21.Maintenance pending suit
22.Financial provision for party to marriage
23.Financial provisions for child of the family
24.Transfer and settlement of property and variation of Settlements
25.Factors to be considered by court
26.Maintenance during marriage
27.Duration of certain orders
28.Orders in favour of children
29.Variation, discharge, etc., of orders
30.Enforcement of arrears
31.Return of payments in excess
32.Commencement of proceedings for financial provision orders, etc
33.Settlement of instrument by counsel
34.Financial Orders for persons of unsound mind
35.Validity of maintenance agreements
36.Alteration of agreements by Court during lives of parties
37.Alteration of agreements by Court after death of one party
38.Avoidance of transactions intended to defeat certain claims
39.Orders for repayment by reason of remarriage

PART 3
PROTECTION AND CUSTODY OF CHILDREN

40.Provisional care of the children
41.Restriction on absolute decrees affecting children
42.Orders for custody and education of children
43.Orders for custody of children in cases of neglect to maintain
44.Supervision of Child

PART 4
PROPERTY OF THE PARTIES

45.Order of court as to property
46.Registration of Order under Section 45
47.Court may direct payment of proceeds of sale
48.Court may appoint person to sell etc
49.Costs
50.Rights of mortgagee not to be affected

PART 5
MISCELLANEOUS AND GENERAL

51.Recognition of overseas decrees
52.Rules
53.This Act to prevail

AN ACT to make provision for divorce and for connected purposes.

Commencement [10 January 1977]