The guidelines are, in principle, that the agreement must be in writing and signed by both parties; Each party must obtain independent legal advice prior to signing and that the legal counsel must certify that the effects of the agreement have been explained to the parties. The Matrimonial Causes Act contains the law that governs divorce in Jamaica. Under this law, you must have been married for at least two years and be separated for at least one year before filing for divorce in Jamaica. This one-year separation must be continuous until the date of filing of the application. However, separation is not limited to couples who live separately. § 6 of the law takes into account couples who cohabit under the same roof. They are considered separate if they do not work under the same roof, for example, as a man and a woman. The petition must now be served on your spouse. A process server is retained and the document will be served on your instructions. Her spouse has fourteen (14) days from the date of service to respond to the petition by filing a confirmation of service in which the divorce is contested or not. If the divorce is contested, a hearing date must be set and the applicant may be required to prove all the facts set out in the petition, including the fact of the separation and that there is no possibility of resuming cohabitation. If your spouse indicates in the acknowledgement that he or she is not contesting the divorce, you can proceed to step 3.
If fourteen days have passed since the authentic copy of the petition was served and your spouse has not submitted a confirmation of service or other document in response to the petition, you can still proceed to Step 3. Another notable feature of the law is that it recognizes the applicability of marriage contracts. Among the issues that were discussed in the Court of Appeal were the Supreme Court`s handling of findings of fact by the Court of Appeal and the court`s recognition of separation agreements. Getting married is simple: you can choose a church and become expensive and expensive, or you can save money just by making an official and a few witnesses and voila, you can be a man and a woman in just half an hour. But getting divorced is hard, so much harder than getting married, in fact, that many couples choose to separate long-term instead of dealing with the laborious process. While it is true that the Tribunal will always have the power to review separation agreements, it is less likely that a compromise separation agreement will be under the control of the Tribunal. . . .