In the recent local St Christopher [Kitts] & Nevis decision of Menon v Menon , Ramdani J. stated that: “Dreams of a life together often become reality for many married couples. The planets often stay in perpetual alignment for those lucky ones bringing realization to the hopes, expectations and plans that were given validity by that “I do”…For others, …it does not.”

Healthy and lasting marriages are ideal and good for a couples’ mental and physical health. Marriages are also good for children as growing up in a happy home safeguards children from mental, physical, educational and social problems.

Ever so often, as lawyers we are unfortunately faced with questions from unhappy spouses seeking to find out the requirements and procedure involved in obtaining a divorce.

We therefore, take this opportunity to present a “crash course” to obtaining a divorce in St Kitts & Nevis which will span for the month of May. In this week’s introductory Part 1 of the course we will provide information as to the relevant legislation which governs divorce and eligibility for obtaining a divorce.

Simply put, Divorce also known as the dissolution of a marriage is the termination or end of a marital union which results in the cancellation and/or reorganization of a married couples’ legal duties and responsibilities under the marriage. As a result of this, many people have a very stressful experience which impacts the couples’ finances, living arrangements, employment, parenting, amongst other things.

In Saint Christopher (Kitts) and Nevis a divorce is governed by The Divorce Act, Cap. 12.03 (“the Act”) which repealed the former Matrimonial Causes Act. Indeed, the authors of this piece of legislation was able to make significant inroads into our culture of divorce by introducing for the first time in our history a divorce which was no longer purely fault based but one which had graduated to a less acrimonious culture known as semi no-fault. In other words, this new Act no longer called for parties seeking a divorce [litigants] to air their “dirty laundry” for the world to see. On the contrary, to achieve a divorce, the Court now require litigants to simply plead ‘an irretrievable breakdown’ of their marriage.

The High Court of Justice in the Federation of Saint Christopher and Nevis has the authority (jurisdiction) to grant a divorce in accordance with the provisions of The Act. Whilst the rules regulating that jurisdiction are to be found in The Matrimonial Causes Rules, 1937 (“the MCR”).

The first thing a party seeking a divorce needs to know is whether or not they are eligible to obtain a divorce. Here’s what makes one eligible to obtain a divorce:

You must be living (ordinarily resident) in St Kitts and Nevis for at least one year.

Section 3 of the Act prescribes that a person must be ordinarily resident within the Federation for at least one year prior to the commencement of divorce proceedings can petition the Court to hear and determine divorce proceedings.

It is immediately obvious from this section that the Act does not require both spouses to be living in the Federation prior to obtaining a divorce, but that at least one of them must be so resident for a period of at least one year prior to commencing divorce proceedings.

In actual fact therefore, one spouse could be living here in the Federation whilst the other spouse could ordinarily be living outside of the Federation (for instance, in Guyana or the United States of America) but their circumstances does not prevent them from invoking the jurisdiction of our Courts.

Look out for next week’s Part 2 of this crash course on Divorce which will deal with the length of time one has to be married prior to seeking a divorce well as what constitutes an “irretrievable breakdown” of the marriage.

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