In the last two weeks of this crash course we explored: the relevant legislation which governs divorce ; eli-gibility for obtaining a divorce; the length of time one has to be married prior to seeking a divorce and the meaning of irretrievable breakdown of the marriage.
This week we take a look at the other conditions to be satisfied prior to filing for a divorce as well as the relevant documentation which must be filed.
As a further precondition to the grant of a divorce, the party seeking a divorce (“the Petitioner”) must satisfy the Court that:
- reasonable arrangements have been made for the care and maintenance of the children of the marriage (in the event that there are children of the marriage)
- there is no possibility of reconciliation and
- there has been no collusion, condonation or connivance on the part of the spouse initiating divorce proceedings or both spouses
Additionally, the attorney-at- law who is acting for the party seeking the divorce must file a Certifi-cate of Reconciliation along with the petition. This certificate of reconciliation must include a statement by the Attorney-at-law that he/she has brought to the attention of the petitioner the provi-sions of the Act relating to reconciliation and inform them of any counseling or guidance facilities which may be able to assist the parties to achieve reconciliation or otherwise.
Documents to be filed
Provided all the necessary prerequisites have been met, it is time to actually file for a divorce. In so doing, the following must be filed by the Petitioner:
- A Petition accompanied by an Affidavit in support of petition sworn to or affirmed by the pe-titioner verifying that the facts contained in the petition are true and correct and that he/she has not been an accessory to or connived at or condoned the adultery of the other spouse, and in the case of cruelty, has not condoned said behavior
- The petition should also contain a Notice to Appear
- A Notice of application for ancillary relief together with affidavit pertaining to the welfare of the children of the marriage simultaneous with the Petition
- a Certificate of Reconciliation as referred to above and
- a Statement of Arrangements relative to the care and maintenance of the children
As soon as all of these documents have been prepared and filed, the Petitioner then serves all of these [filed] documents on the other spouse (‘the Respondent’).
After the documents have been successfully served on the Respondent and if he/she intends to oppose/contest the divorce proceedings for whatever reason, then he/she must within 8 days of having been served, file an Entry of Appearance and a Notice of Entry of Appearance.
Additionally, within 14 days of service [of the petition and other accompanying documents], the Respondent, if he/she so chooses, must lodge at the Registry and thereafter serve on the Attorney-at-law for the Petitioner an Answer to the petition and evidence in support thereof (usually verifying the facts contained in the Answer). If necessary, the Petitioner then files a Reply to the Respond-ent’s answer.
Following this, a Registrar’s Certificate is filed usually by the Petitioner except in circumstances where the said Petitioner has been guilty of unreasonable delay in filing them. As soon as the Reg-istrar’s certificate has been filed, then the pleadings are closed and no further filings can take place except with the permission of the Court.
We will conclude this crash course next week by looking at the Court’s role in granting the ac-tual following the filing of all the relevant documentation and the time period for which a divorce actually takes effect.
By: MORTON ROBINSON, L.P.
Attorneys-at-law, Trademark & Patent Agents, Notaries Public
Suites 6 & 7 Heritage Plaza
P.O. Box 430, Main Street, Charlestown, Nevis
Tel: +1(869) 469 - MRLP (6757)
Email:info@mortonrobinson.com