Mcgregor

One reader wrote:

My friend obtained decree nisi on April 14, and was told that after six weeks, she would be granted the decree absolute. She went ahead and set her wedding date for June 22. She went overseas and got married. When she returned and asked her lawyer for the decree absolute, he told her that the judge had not yet returned it. Is the present marriage void?

Response:

The Matrimonial Causes Act outlines a two-stage process to dissolve a marriage. At the end of the first stage, a decree nisi is granted on the grounds that the marriage has irretrievably broken down. During the second stage, a six-week period must elapse before an application can be made for a grant of decree absolute.

However, two things must be emphasised:

The divorce process remains incomplete unless the decree absolute is granted.

The decree absolute is not automatically granted six weeks after the decree nisi is granted. In fact, within the six-week period between the grant of the decree nisi and the application for the decree absolute, the parties may reconcile and apply for the decree nisi to be rescinded.

According to section 17 of the Matrimonial Causes Act, the supreme court may, by special or general order, shorten the six-week period after the grant of the decree nisi, so that the decree absolute may be granted. However, there is no indication as to what factors would move the court to make a special or general order.

The reader's friend got married while her divorce was still pending. The implications are as follows:

Pursuant to section 71 of the Offences against the Person Act, the friend has committed the felony of bigamy and may be liable to four years' imprisonment with or without hard labour. This is so, whether she entered the second marriage with knowledge that she was still married or not.

If the second marriage had been conducted in Jamaica, the Registrar-General would be instructed to cancel all records related to the second marriage.

According to section 4 of the Matrimonial Causes Act, the marriage is void and may be dissolved by a Petition for a Decree of Nullity. (Interestingly, the Marriage Act does not state that a marriage is void by reason of bigamy.)

A word to the wise is sufficient:

There are obvious inefficiencies and deficiencies within the Supreme Court system, which prevent accurate forecasting of the dates for the hearing of any application. For this reason, any prospective divorcee would be well-advised to await receipt of the decree absolute before taking the journey down the aisle for the second time.

Sherry-Ann McGregor is a partner and mediator with the firm Nunes, Scholefield, DeLeon & Co. Send feedback and questions to lawsofeve@yahoo.com or Lifestyle@gleanerjm.com.