In the divorce case [2018] JMSC Civ 47, the Supreme Court of Judicature of Jamaica issued significant rulings regarding maintenance and the division of matrimonial property. Here are the major outcomes:
- Maintenance for the Child (Deanna Colley):
- The court ruled that an extension of the maintenance order for Deanna beyond her 18th birthday could not be granted. This was because Mrs. Colley did not provide sufficient proof that Deanna was enrolled in a full-time educational institution, a requirement for extending maintenance under the Maintenance Act. Although the court was inclined to consider such an extension in the child’s best interest, the lack of documentation hindered this outcome.
- Division of Matrimonial Property:
- The court allowed Mr. Colley’s application for the division of the matrimonial property to proceed. Mr. Colley sought a 50% interest in the dwelling house that was constructed on land given by Mrs. Colley’s parents. The court confirmed that the application could proceed under the Property (Rights of Spouses) Act (PROSA), as Mr. Colley filed within the acceptable timeframe and no limitation bar was imposed. The court noted that his application did not require him to state explicitly that the property was the family home.
These outcomes reflect the court’s decisions based on the evidence and legal arguments presented, particularly concerning the statutory requirements for maintenance and property division under Jamaican law.
Source: Supreme Court of Jamaica
Click here to view a list of judgments for divorce court cases in Jamaica West Indies