Hutson v Poleon

• Jurisdiction: Barbados
• Judge: Williams, J.
• Judgment Date: 07 July 1986
• Neutral Citation: BB 1983 HC 16
• Docket Number: No. 93 of 1982
• Date: 07 July 1986
• Court: High Court (Barbados)

High Court

Williams, J.

No. 93 of 1982

Hutson

and

Poleon

Appearances:

Miss V. Blenman of Messrs. Smith & Smith for the applicant

Mr. L.P. Kisson for the respondent

Family law - Union other than marriage — Meaning — Time at which application for property division should be filed.

Williams, J.

1 In this case Dorothy Hutson applies under the Family Law Act, 1981 No. 29 for a declaration that the dwelling-house at Seale's Avenue, Goodland, St. Michael in which she and the respondent Julius Poleon now both have their homes, is owned by her absolutely.

2 When the matter came on for hearing the 10th Mr. Kisson took two preliminary points. He submits that the court has no jurisdiction to hear the matter under the Family Law Act because the parties are not married nor were they parties to a union other than marriage. His further submission is, that if they were parties to a union other than marriage, the proceedings should have been instituted during the year immediately following the year in which they last cohabited. The applicant seeks her declaration under section 56 (1) of the Act which provides that in proceedings between the parties to a marriage or union in respect of the existing title or rights to property, the court may declare the title or rights if any, that a party has in respect of the property.

3 By virtue of section 2 (1) of the Act “union other than a marriage” or “union” has the meaning given to that expression for the purposes of Part V of the Act.

4 In Part V “union other than marriage” or “union” means the relationship that is established when a man and a woman who, not being married to each other, have cohabited continuously for a period of 5 years or more and have so cohabited within the year immediately preceding the institution of the proceedings.”

5 It appears from the respondent's affidavit that the respondent was married...