Mcgregor

We have often heard of the Mexican divorce which was done by popular by actors such as Richard Burton and Elizabeth Taylor. The Mexican divorce decrees were attractive because they were often cheap, quick and easy. However, many commentators have suggested that it will cost more to defend a Mexican divorce than to obtain one!

One reader indicated that she and her husband are Jamaican citizens. Her husband has consented in writing to the filing of the divorce decree in Mexico. She intends to re-marry, so she wants to commence the proceedings in Mexico; but wonders whether the Jamaican court must validate the divorce if neither party disputes it.

Court's intervention

The short answer to that question is that the matter will not arise for consideration by the court unless someone seeks the court's intervention. Nonetheless, it was interesting to find that there is a Jamaican case on this point. In 2006, the Supreme Court decided the case of McCalla vs McCalla in which the wife applied for a declaration that the Mexican divorce obtained by her husband was null and void.

Both parties were born and domiciled in Jamaica. They worked in The Bahamas as teachers, but travelled to Jamaica in 2001 and were married. After the marriage, they returned to The Bahamas to live, but the husband moved from the matrimonial home in 2004.

The occurrences within the year prior to the separation were very important. The husband left home in July 2003 and October 2004 on trips abroad without disclosing the purpose of travel. Sometime later, the wife was served with a divorce decree obtained in the state of Tlaxcala, in the Republic of Mexico. The documents showed that the suit was filed on behalf of the husband on January 21, 2005, and the decree was granted on January 28, 2005.

Mexican national

The judge considered whether the Mexican divorce could be recognised as valid pursuant to s. 24 of the Matrimonial Causes Act ('the Act'). It is clear from the facts that the husband was not a Mexican national, and the judge found that there was no evidence to show that he had been domiciled or ordinarily resident in Tlaxcala for at least one year as required by the Act. For these reasons, the court ruled that the Mexican divorce would not be recognised by the Jamaican Supreme Court.

Proceedings

The judge also ruled that s. 24 (4) of the Act prevented the Supreme Court from recognising a foreign decree in circumstances in which the wife was not notified of the proceedings, and had not been given an opportunity to be heard. This ruling was based on the court's acceptance of the fact that the wife had never been served with any documents filed in the Mexican court before the divorce decree was granted.

In the race between the tortoise and the hare, the tortoise said "slow and steady will win the race". A word to the wise is sufficient: The procedure in Jamaica may be lengthier, but the result is certain.