So now that you are fully aware as to the requirements for obtaining a divorce that is to say you must prove that the marriage has broken down beyond repair (irretrievably broken) and know the documents and procedure involved for filing for a Divorce it is time to actually obtain that divorce!
If the proceedings are undefended, meaning, that no appearance (or document) has been entered/filed by the other spouse (“the respondent”), the pleadings are deemed closed and no further filings can take place except with the permission of the Court.
Rule 31 of the Matrimonial Causes Rules provides that where the proceedings are uncontested, the Cause (matter) ought to be set down at least within one (1) month of the date when the Registrar has signed the Registrar’s certificate. If the hearing date has not been set within a month of the date of the Registrar’s certificate being signed , then the spouse that files for he divorce (‘the Petitioner) must ensure that the Registrar’s certificate has been renewed in accordance with the 1 month timeframe. The certificate can be renewed by filing another Registrar’s certificate to be signed by the Registrar upon its receipt.
Litigants are often deceived into thinking that the Judge has jurisdiction to renew the Registrar’s certificate. However, please note that the Judge has no jurisdiction to grant a renewal of the certificate. If this were to be allowed it would result in a usurpation of the Registrar’s powers.
Once all of the above and previously discussed Parts 1-3 have been concluded, the Court will hear the evidence viva voce (orally) in open Court, consistent with the information contained in the divorce petition and satisfies the Court that the marriage has broken down irretrievably, the Court grants an order for the dissolution of the marriage.
If there are children involved, the Court usually adjourns those types of matter to Chambers and a further application must be made to the Court in what is termed “ancillary proceedings” to consider and determine those issues as well as issues relative to spousal support and interests in property. The divorce is not finalized at this stage as the parties must wait a further 31 days after the order for dissolution to file a certificate of divorce at which stage the divorce is effective. Once 31 days has expired from the grant of an order for dissolution of the marriage, any application for determination of interest in matrimonial property must be brought by way of a new claim and not as an ancillary proceeding to the divorce.
This concludes the Crash Course in obtaining a divorce in St Kitts and Nevis.
For any questions you have and want it answered here send to:
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
