Johnson v Johnson

• Jurisdiction: Barbados
• Court: High Court (Barbados)
• Judge: Williams, C.J.
• Judgment Date: 09 March 1982
• Neutral Citation: BB 1982 HC 18
• Docket Number: No. 201 of 1978
• Date: 09 March 1982

High Court. (Civil Jurisdiction-Divorce)

Williams, C.J. (Ag.)

No. 201 of 1978

Johnson

and

Johnson

Miss M. Caroline Herbert for the petitioner.

Mr. P.K. Cheltenham for the respondent.

Statute - Interpretation — Barbados Family Law Act, 1981

Williams, C.J.

1 The Family Law Act 1981–29 which came into operation on February 1, 1982 repealed the Matrimonial Causes Act Cap. 221. Under section 5 the Act applies, except as otherwise provided, to proceedings instituted on or after February 1. By virtue of section 27 (1) the only ground on which a divorce can be granted is that the marriage has broken down irretrievably. The Act makes provision for counseling and reconciliation services to be made available to parties, and under section 12 (1), where proceedings for a divorce have been instituted, it is the duty of the judge to give consideration from time to tame to the possibility of a reconciliation of the parties. Section 27 (3) provides that a divorce shall not be granted if the court is satisfied that there is a reasonable likelihood of cohabitation being resumed. By virtue of section 27 (2) a divorce can only he granted if the court is satisfied that the parties separated and thereafter lived separately and apart for a continuous period of not less than 12 months immediately preceding the date of the filing of the application for the divorce.

2 These are basic provisions of the new law.

3 The Act makes provision for transitional matters. Under section 99 (1) after February 1 no proceedings by way of a matrimonial cause may he instituted except under the Act and any proceedings by way of a matrimonial cause instituted before February 1 may not he continued except in accordance with section l00. Section 99 (2) provides that no proceedings for a decree of judicial separation or a decree of restitution of conjugal rights may be instituted or continued after February 1 and section 99 (3) enacts that no proceedings for a separation order may he instituted after February 1.

4 Section 100 enacts as follows:–

100

(1) Subject to subsections (2) and (3), pending proceedings for a decree of dissolution of marriage or for a decree of nullity of marriage on the ground that the marriage is voidable, and pending proceedings for a separation order, may he continued and shall be dealt with as if this Act had not been passed. (2) Where the parties to a marriage have lived separately and apart for a continuous period of not less than 12 months immediately preceding the date of the coming into force of this Act, pending proceedings for a decree of dissolution of marriage shall, at the request of either part) be dealt with as if they were proceedings instituted under this Act on the ground set out in section 27, and, in relation to proceedings in which such a request is made, section 27 (2) applies to the proceedings as if those proceedings had been instituted by an application filed on the date of the coming, into force of this Act. (3) Where subsection (2) does not apply but the parties have lived separately and apart for a continuous period of not less than 12 months immediately preceding the date of making of the request under this subsection, pending proceedings for a decree of dissolution of marriage shall at the request of either party, be dealt with as if they were proceedings instituted under this Act on the ground set out in section 27 and, in relation to proceedings in which such a request is made, section 27 (2) applies to the proceedings as if those proceedings head been instituted by an application filed on the date of making of the request. (4) Pending proceedings for a decree of nullity of marriage on the ground that the marriage is void or proceedings mentioned in paragraph (b) of the definition “matrimonial cause” in section 2 (1) may he continued and...