WIFE’S PETITION FOR DISSOLUTION OF MARRIAGE

________________________________________________________

FORM MP. 1 [Rule 76.4 (1)]

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

IN THE FAMILY DIVISION

CLAIM NO. SU 202 FD

BETWEEN PETITIONER

{Did not take husband’s surname}(if applicable)

AND RESPONDENT

The Petition of [state petitioner’s name] NEE [state maiden name] or [state that you

did not take your husband’s name] shows that :

1. On the day of 20 [state the date of marriage] the Petitioner [state

Petitioner’s name], formerly [state maiden name or surname at the date of the

marriage] a [spinster / divorcée / widow] was lawfully married to the Respondent

[state Respondent’s name] a [bachelor / divorcé / widower] at [state where the

marriage took place] in the parish of [state the parish] by [state name the name of

marriage officer], a marriage officer of the Island of Jamaica.

2. The Petitioner was born on [state the date of birth] at [state place of birth] in the

parish of [state the parish] and the Respondent was born on [state the date of birth]

at [state place of birth] in the parish of [state the parish].

1
3. (a) The Petitioner / the Respondent is domiciled in Jamaica at the date of

commencement of the proceedings; or

(b) The Petitioner / the Respondent is resident in Jamaica at the date of

commencement of the proceedings and has been ordinarily so resident since

[state the date]; or

(c) The Petitioner / the Respondent is a national of Jamaica.

4. (a) The Petitioner and the Respondent have lived as husband and wife in

Jamaica at [state place of residence] since [state date of commencement of

of residence at such place]; or

(b) The Petitioner or the Respondent lived at the following place (s) for the

period of one year immediately prior to the date of presentation of the

petition [state place of residence] since [state the date of commencement of

residence at such place]; or

(c) The Petitioner and the Respondent have lived overseas at [state place of

residence] since [state date of commencement of residence at such place].

5. The Petitioner is a [state occupation] and resides at [state place of residence] in

the parish of [state parish] and the Respondent is a [state occupation] and resides

at [state place of residence] in the parish of [state parish].

2
6. The child/children of the marriage is/are [state name (s) and date(s) of birth] and

the child /children that is / are relevant to the proceedings is/are as

follows :- [state name / names and date / dates of birth]

{CHILDREN BETWEEN AGES 18-23 YEARS MUST BE STATED AS

RELEVANT

IF MAINTENANCE IS BEING SOUGHT PURSUANT TO SECTION 16 (3) OF

THE

MAINTENACE ACT}

7. To the knowledge of the Petitioner, there is no child living at the date of the Petition

born to the Petitioner / Respondent during the marriage as a result of a union

between the Petitioner / Respondent and a person other than the Petitioner /

Respondent.

Or

To the knowledge of the Petitioner, there is a child living at the date of the Petition

born to the Petitioner / the Respondent during the marriage as a result of a union

between the Petitioner / the Respondent and a person other than the Petitioner /

the Respondent. The name of the child is [state the name of the child] whose date

of birth is [date of birth of child] and who resides at [state the address].

3
 {CHILDREN BETWEEN AGES 18-23 YEARS MUST BE STATED AS

RELEVANT IF MAINTENANCE IS BEING SOUGHT PURSUANT TO

SECTION 16 (3) OF THE MAINTENACE ACT}

8. There is a dispute between the Petitioner and the Respondent as to whether a

child [state name and, if known, the date of birth of the child] is a child of the

family. The nature of the dispute is that [briefly state the nature of the dispute].

Or

There is no dispute between the Petitioner and the Respondent as to whether

any child is a child of the family.

(Paragraphs 9 and 10 are to be completed, where custody and or maintenance is /

are being sought pursuant to rule 76.4 (6) of the Civil Procedure Rules, 2002

as amended)

9. The financial resources of the Petitioner are as follows:

For example: - The Petitioner operates her own business and earns a monthly

income of approximately $80,000.

10. The financial resources of the Respondent so far as is known to the Petitioner

are as follows:

For example: - The Respondent is a [state occupation] and is employed to [state

place of employment] and earns an income of $80,000 each month.

4
 11. There have been no previous proceedings in any Court in Jamaica or elsewhere

with reference to the marriage, or to the children of the marriage, or between the

Petitioner and the Respondent with reference to any property of either or both of

them, and if there have been proceedings state –

a) the nature of the proceedings

b) the date and effect of any decree or order

c) in the case of proceedings with reference to the marriage, whether

there has been any resumption of cohabitation since the making of

the order.

12. The marriage between the Petitioner and the Respondent has broken down

irretrievably.

13. The parties separated in [state the date of separation].

14. The following are the circumstances in which the Petitioner considers the marriage

to have broken down irretrievably: -

[state the circumstances including any attempts at reconciliation]

15. There is no reasonable likelihood of cohabitation between the parties being

resumed.

THE PETITIONER THEREFORE SEEKS THE FOLLOWING RELIEF: -

1. the said marriage be dissolved;

2. custody, care and control of [state the name of the child/children] born on

[state the date(s) of birth(s)] is to be granted to the Petitioner;

5
 3. the Respondent pays to the Petitioner the sum of [state the amount] as

maintenance for the relevant child/children [state the name of the

child/children] born on [state the date(s) of birth(s)];

4. the Respondent pays to the Petitioner such sums for her maintenance as

may be determined by the court;

5. [List any other orders being sought];

6. she may have such further / other relief as may be just.

NOTE: 1. Rule 76.4 (5) permits the inclusion in the petition of claims for such

matrimonial proceedings relief as is appropriate.

2. An application for a court order is to be filed where a claim for

custody and or maintenance are included in the prayer.

The following is the person to be served with this Petition and who is not under disability:

THE RESPONDENT
[state the Respondent’s name and address]

I certify that I believe that the facts stated in this Petition are true.

DATED THIS DAY OF 20

__________________________________

NAME OF PETITIONER

NOTICE TO THE RESPONDENT

6
This Petition must be personally served unless otherwise permitted by an order of the Court
or permitted by rule 76.8 (service out of the jurisdiction).

Rule 76.11 sets out the procedure for responding to the claim and requires you to file an
Acknowledgment of Service within 14 / 28 / 42 / 56 days of being served with the Petition, if
you wish to respond to the claim. An Acknowledgement of Service is Form MP 5 in the
Matrimonial Proceedings Forms at Part 76 of the Civil Procedure Rules, 2002 as amended.

If you do not complete the form of Acknowledgment of Service and deliver or send it to the
Registry (address below) so that it is received within 14 / 28 / 42 / 56 days of being served
with the Petition, the Petitioner will be entitled to proceed in default against you. See rule
76.12

The form of Acknowledgment of Service may be completed by you or an Attorney-at-Law

acting for you.

You should consider obtaining legal advice with regard to the claim contained in the Petition.

[SEAL]

The Registry is at The Supreme Court, Public Buildings, King Street, Kingston, telephone
numbers (876) 922-8300-9, fax (876) 967-0669. The office is open between 9:00 a.m. and
4:00 p.m. Mondays to Thursdays and 9:00 a.m. to 3:00 p.m. on Fridays except on Public
Holidays.

The Petitioner’s address for service is (If appearing in person, state Petitioner’s address) or (
If there is an Attorney-at-Law state attorney’s name ,address and telephone number]

FILED by [state the name and address of the Petitioner if appearing in person, or where
represented, the name address and telephone number of the law firm or the attorney-at-law]
.

7
 HUSBAND’S PETITION FOR DISSOLUTION OF MARRIAGE
________________________________________________________

FORM MP. 1 [Rule 76.4 (1)]

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

IN THE FAMILY DIVISION

CLAIM NO. SU 202 FD

BETWEEN PETITIONER

AND RESPONDENT

The Petition of [state petitioner’s name] shows:

1. On the day of 20 [state the date of marriage] the Petitioner [state

Petitioner’s name], a [bachelor / divorcé / widower] was lawfully married to the

Respondent [state Respondent’s name] a [spinster / divorcée / widow] at [state

where the marriage took place] in the parish of [state the parish] by [state name of

marriage officer], a marriage officer of the Island of Jamaica.

2. The Petitioner was born on [state the date of birth] at [state place of birth] in the

parish of [state the parish] and the Respondent was born on [state the date of birth]

at [state place of birth] in the parish of [state the parish].

3. (a) The Petitioner / the Respondent is domiciled in Jamaica at the date of

commencement of the proceedings; or

8
 (b) The Petitioner / the Respondent is resident in Jamaica at the date of

commencement of the proceedings and has been ordinarily so resident since

[state the date]; or

(c) The Petitioner / the Respondent is a national of Jamaica

4. (a) The Petitioner and the Respondent have lived as husband and wife in

Jamaica at [state place of residence] since [state date of commencement of

of residence at such place]; or

(b) The Petitioner or the Respondent lived at the following place (s) for the

period of one year immediately prior to the date of presentation of the

petition [state place of residence] since [state the date of commencement of

residence at such place]; or

(c) The Petitioner and the Respondent have lived overseas at [state place of

residence] since [state date of commencement of residence at such place].

5. The Petitioner is a [state occupation] and resides at [state place of residence] in

the parish of [state parish] and the Respondent is a [state occupation] and resides

at [state place of residence] in the parish of [state parish].

6. The child/children of the marriage is/are [state name (s) and date(s) of birth] and

the child /children that is / are relevant to the proceedings is/are as

follows :- [state name / names and date / dates of birth]

9
 (CHILDREN BETWEEN AGES 18-23 YEARS MUST BE STATED AS

RELEVANT

IF MAINTENANCE IS BEING SOUGHT PURSUANT TO RULE 16 (3) OF THE

MAINTENACE ACT)

7. To the knowledge of the Petitioner, there is no child living at the date of the Petition

born to the Petitioner / Respondent during the marriage as a result of a union

between the Petitioner / Respondent and a person other than the Petitioner /

Respondent.

Or

To the knowledge of the Petitioner, there is a child living at the date of the Petition

born to the Petitioner / the Respondent during the marriage as a result of a union

between the Petitioner / the Respondent and a person other than the Petitioner /

the Respondent. The name of the child is [state the name of the child] whose date

of birth is [date of birth of child] and who resides at [state the address].

(CHILDREN BETWEEN AGES 18-23 YEARS MUST BE STATED AS

RELEVANT

IF MAINTENANCE IS BEING SOUGHT PURSUANT TO RULE 16 (3) OF THE

MAINTENACE ACT)

8. There is a dispute between the Petitioner and the Respondent as to whether a

child [state name and, if known, the date of birth of the child] is a child of the

family. The nature of the dispute is that [briefly state the nature of the dispute].

Or

10
 There is no dispute between the Petitioner and the Respondent as to whether

any child is a child of the family.

(Paragraphs 9 and 10 are to be completed, where custody and or

maintenance is / are being sought pursuant to rule 76.4 (6) of the Civil
Procedure Rules, 2002 as amended)
9. The financial resources of the Petitioner are as follows:

For example: - The Petitioner operates his own business and earns a monthly

income of approximately $80,000.

10. The financial resources of the Respondent so far as is known to the petitioner

are as follows:

For example: - The Respondent is a [state occupation] and is employed to [state

place of employment] and earns an income of $80,000 each month.

11. There have been no previous proceedings in any Court in Jamaica or elsewhere

with reference to the marriage, or to the children of the marriage, or between the

Petitioner and the Respondent with reference to any property of either or both of

them, and if there have been proceedings state –

a) the nature of the proceedings

b) the date and effect of any decree or order

c) in the case of proceedings with reference to the marriage, whether

there has been any resumption of cohabitation since the making of

the order.

11
12. The marriage between the Petitioner and the Respondent has broken down

irretrievably.

13. The parties separated in [state the date of separation].

14. The following are the circumstances in which the Petitioner considers the marriage

to have broken down irretrievably: -

[state the circumstances including any attempts at reconciliation]

For example:- The parties separated in [state the date of separation] and they have

not cohabited as man and wife since that time.

15. There is no reasonable likelihood of cohabitation between the parties being

resumed.

THE PETITIONER THEREFORE SEEKS THE FOLLOWING RELIEF: -

1. the said marriage be dissolved;

2. custody, care and control of [state the name of the child/children] born on

[state the date(s) of birth(s)] is to be granted to the Petitioner;

3. [List any other orders being sought];

4. he may have such further / other relief as may be just.

NOTE: 1. Rule 76.4 (5) permits the inclusion in the petition of claims for such

Matrimonial proceedings relief as is appropriate.

12
 2. An application for a court order is to be filed where a claim for

custody and or maintenance are included in the prayer.

The following is the person to be served with this Petition and who is not under disability:

THE RESPONDENT
[state the Respondent’s name and address]

I certify that I believe that the facts stated in this Petition are true.

DATED THIS DAY OF 20

__________________________________

(NAME OF PETITIONER)

13
 NOTICE TO THE RESPONDENT

This Petition must be personally served unless otherwise permitted by an order of the Court
or permitted by rule 76.8 (service out of the jurisdiction).

Rule 76.11 sets out the procedure for responding to the claim and requires you to file an
Acknowledgment of Service within 14 / 28 / 42 / 56 days of being served with the Petition, if
you wish to respond to the claim. An Acknowledgement of Service is Form MP 5 in the
Matrimonial Proceedings Forms at Part 76 of the Civil Procedure Rules, 2002 as amended.

If you do not complete the form of Acknowledgment of Service and deliver or send it to the
Registry (address below) so that it is received within 14 / 28 / 42 / 56 days of being served
with the Petition, the Petitioner will be entitled to proceed in default against you. See rule
76.12

The form of Acknowledgment of Service may be completed by you or an Attorney-at-Law

acting for you.

You should consider obtaining legal advice with regard to the claim contained in the Petition.

[SEAL]

The Registry is at The Supreme Court, Public Buildings, King Street, Kingston, telephone
numbers (876) 922-8300-9, fax (876) 967-0669. The office is open between 9:00 a.m. and
4:00 p.m. Mondays to Thursdays and 9:00 a.m. to 3:00 p.m. on Fridays except on Public
Holidays.

The Petitioner’s address for service is (If appearing in person, state Petitioner’s address) or (
If there is an Attorney-at-Law state attorney’s name ,address and telephone number]

FILED by [state the name and address of the Petitioner if appearing in person, or where
represented, the name address and telephone number of the law firm or the attorney-at-law]
.

14
 AFFIDAVIT ACCOMPANYING PETITION
_________________________________________

Form MP. 4 [Rule 76.4 (9)]

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

FAMILY DIVISION

CLAIM NO. SU 2023 FD 0000001

BETWEEN PETITIONER

AND RESPONDENT

I, [state the name of the Petitioner] being duly sworn make oath and say as follows: -

1. I reside and have my true place of abode and postal address at [state address]

in the parish of [state parish]. I am a [state occupation] and the Petitioner herein.

2. The following are the particulars of the arrangements for the maintenance, care,

education and upbringing of the relevant child/children of the marriage, [state the

name / names and date / dates of birth of the child/children].

(a) Residence

[Provide details in relation to residence, number of persons at residence and list

15
those persons, aftercare and caregivers]

Example: [state the name of the child / children] now lives with the Petitioner

and will continue to live with the Petitioner at [state the address] in the

parish of [state the parish].

The residence is a three (3) bedroom house with two (2) bathrooms. The

home has the usual amenities and is adequate for the child’s /children’s

needs. The Petitioner’s mother [state the name of the mother] also

resides in the home together with the Petitioner.

(b) Education

State the immediate educational or vocational prospects and or plans for the

child/children

Example: The child/children attend(s) [state the name of the school] in the parish of

[state the parish] and will continue to attend (name of school) until he /

she sits GSAT, where it is expected that he/she will proceed to a

secondary/high school, then on to a tertiary institution as his /her aptitude

will allow.

(c) Religious Upbringing

The child/children, [state the name of the child /children] worship(s) at

16
 [state the place of worship] in the parish of [state the parish].

(d)Financial Provision

Example: I earn approximately $80,000 per month and I take care of child’s /

children’s needs.

The Respondent contributes to the maintenance of [state the name of the

child / children] by paying the sum of $10,000 per month to the Petitioner;

$20,000 per term for school fees and $2,000 per week for lunch money.

The Petitioner bears all other expenses for the maintenance of the child /

children].

[If applicable] I intend / do not intend to make an application for

maintenance from the respondent or I have made an application for

maintenance from the respondent.

(e) Custody

The Petitioner

1. seeks sole custody, care and control of [state the name of the child / children; or

2. agrees that custody of [state the name of child/children ] be joint with the

Respondent with care and control to the Petitioner; or

3. agrees that custody of [state the name of child/children ] be joint with the

Respondent with care and control to the Respondent.

(f) Access

17
 Example: The Respondent has liberal access to the said child / children on alternate

weekends and at any other times that are mutually agreed between the

parties.

(g) Health

Example : The child is /children are not suffering from any serious disability or chronic

illness or from the effects of any such illness.

SWORN to at )

in the parish of )

__________________________
this day of 20 ) PETITIONER/RESPONDENT

before me: )

_______________________________ )
JUSTICE OF THE PEACE FOR THE
PARISH OF:

FILED by [state the name and address of the Petitioner if appearing in person, or where
represented, the name address and telephone number of the law firm or the attorney-at-law].

NOTICE OF APPLICATION TO DISPENSE WITH HEARING

Form MP. 7 [Part 76.12]

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

18
 IN THE FAMILY DIVISION

CLAIM NO. SU 202 FD

BETWEEN PETITIONER

AND RESPONDENT

The Petitioner [state the petitioner’s name] seeks an Order that:

1. the hearing of the Petition for dissolution of the marriage which took place on [state
the date of marriage] be dispensed with;
2. the relief sought in the Petition be granted;
3. there be such further or other relief as may be just.

The ground on which the Petitioner seeks the said Order is that the Respondent, who was
served on [state the date of service]
a) has failed to file an Acknowledgment of Service within (14 / 28 /42 / 56) days of
service or
b) has filed an acknowledgment of service and has failed to file an Answer within (28 /
56 / 70 / 84) days of the date of service or
c) has filed an acknowledgment of service and an answer and the matter is
proceeding pursuant to the order of the court

and pursuant to Part 76.12(2) of the Civil Procedure Rules, 2002 as amended, the
Petitioner desires to proceed in default.

NOTE: This application is to be referred to a Judge or Master to be

considered on paper.

DATED the day of 20

------------------------------------------------
Petitioner’s Attorney-at-Law
FILED by [state the name and address of the Petitioner if appearing in person, or where
represented, the name address and telephone number of the law firm or the attorney-at-law]
.

AFFIDAVIT
IN SUPPORT OF NOTICE OF APPLICATION TO
DISPENSE WITH HEARING OF PETITION

19
IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

IN THE FAMILY DIVISION

CLAIM NO. SU 202 FD

BETWEEN PETITIONER

AND RESPONDENT

I [state the name of the Petitioner] being duly sworn make oath and say as follows:-

1. I reside at [state the address] in the parish of [state the parish]. I am a [state
occupation] and I am the Petitioner herein.

2. The Respondent [state the name of the Respondent] and I were married on [state
the date of marriage] at [state the place of marriage] in the parish of [state the
parish] by [state the name of the marriage officer], a marriage officer in the island
of Jamaica [or otherwise state the country if the marriage did not take place in
Jamaica]. I exhibit hereto a certified copy of my marriage certificate marked
“RIW1” for identification.

3. Service of the Petition for Dissolution of Marriage dated [state the date of the
petition], the Notice to Respondent dated [state the date of the Notice], the
Affidavit Accompanying Petition, where applicable [state the date of the Affidavit]
and Acknowledgment of Service Form was effected upon the Respondent on
[state the date of service].

[If the Petitioner pointed out Respondent to the Process Server then that must be
stated]

4. I am informed by my Attorney-at-Law [state the name of the Attorney-at-Law] and

do verily believe that no acknowledgment of service or affidavits have been filed
on behalf of the Respondent.
Or
I am informed by my Attorney-at-Law and do verily believe that an
acknowledgment of service was filed and that no answer or affidavits have been
filed on behalf of the Respondent.

5. There are no relevant children .

Or

[If there are relevant children state their names and dates of
birth and set out the arrangements for their maintenance,

20
 care and upbringing]

6. The Respondent and I separated in or about [state the date of separation].The

relationship broke down due to [state the circumstances giving rise to the
breakdown of the marriage].
The Respondent and I made attempts to reconcile the marriage by [state what
kinds of attempts were made] or the Respondent and I did not make any attempts
to save the marriage.

7. I request that in the circumstances, this Honourable Court may see it fit to
dispense with the hearing of the Petition, and grant the relief sought in the Petition.

SWORN to at ]
in the parish of ]
this day of 20... ] ________________________
before me ] PETITIONER/RESPONDENT
______________________ ]
Justice of the Peace
for the parish of:

FILED by [state the name and address of the Petitioner if appearing in person, or where
represented, the name address and telephone number of the law firm or the attorney-at-law]
.

21
 “RIW 1”

This is a certified copy of my marriage certificate mentioned and referred to in paragraph

two (2) of my Affidavit sworn to on the day of 20...

SWORN to at ]
]
in the parish of ]
this day of 20.... ] ________________________
before me ] [state the Petitioner’s name]
]
]
_______________________ ]
Justice of the Peace
for the parish of:

FILED by [state the name and address of the Petitioner if appearing in person, or where
represented, the name address and telephone number of the law firm or the attorney-at-law]
.

22
(THIS FORM IS TO BE USED WHERE THERE IS/ARE NO RELEVANT
CHILD/CHILDREN)

DECREE NISI FOR DISSOLUTION OF MARRIAGE

Form MP 8 (Rule 76.12(3) and 76.14(3))

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

IN THE FAMILY DIVISION

CLAIM NO. SU 202 FD

BETWEEN PETITIONER

AND RESPONDENT

The day of 20

The Master
Having been satisfied that:

1. The marriage of the Petitioner and the Respondent has irretrievably broken down.

2. The Petitioner and the Respondent have lived separate and apart for a
continuous period of one year immediately preceding the presentation of the
Petition.

3. There is no reasonable likelihood of cohabitation being resumed between the

Petitioner and the Respondent.

HEREBY DECREES that:

The marriage which took place on the [state the date of marriage] between
[state the name of the Petitioner as filed] (described in the marriage certificate

23
 as [state the name on the marriage certificate]) and [state the name of the
Respondent as filed] (described in the marriage certificate as [state the name
on the marriage certificate]) at [state the address that the marriage took place
as stated on the marriage certificate] in the parish of [state the parish] be
dissolved unless sufficient cause be shown to the Court within six (6) weeks
from the making of this Decree why this Decree should not be made
absolute.

_________________________________
JUDGE
NOTES: 1. A party to the marriage who marries again before this
decree is made absolute (unless the other party has died)
commits the offence of bigamy.
2 If before this decree is made absolute, it comes to the notice
of a party to the marriage that the other party has died, he or
she should file an Affidavit in the Registry giving particulars
of the date and place of death.
3 If the parties to the marriage become reconciled before this
decree is made absolute, application must be made to the
court for rescission of this decree before it is made absolute.

FILED by [state the name and address of the Petitioner if appearing in person, or where
represented, the name address and telephone number of the law firm or the attorney-at-law]
.

24
(THIS FORM IS TO BE USED WHERE THERE IS/ARE RELEVANT CHILD/CHILDREN)

DECREE NISI FOR DISSOLUTION OF MARRIAGE

___________________________________________

Form MP 8 (Rule 76.12(3) and 76.14(3))

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

IN THE FAMILY DIVISION

CLAIM NO. SU 202 FD

BETWEEN PETITIONER

AND RESPONDENT

The day of 20

The

Having been satisfied that:

1] The marriage of the Petitioner and the Respondent has irretrievably broken
down.
2] The Petitioner and the Respondent have lived separate and apart for a
continuous period of one year immediately preceding the presentation of the
Petition.
3] There is no reasonable likelihood of cohabitation being resumed between
the Petitioner and the Respondent.

[PARAGRAPH 4 IS TO BE INCLUDED WHERE THE

ARRANGEMENTS FOR THE RELEVANT CHILD / CHILDREN ARE
TO BE CERTIFED BY THE JUDGE GRANTING THE DECREE NISI]

4) And having regard to the evidence on oath of the petitioner this Court
certifies that the arrangements for the maintenance care and upbringing of
the relevant child/children namely [state name(s)] born on [state date (s) of

25
 birth] are the best that can be devised in the circumstances.

[PARAGRAPHS 5 & 6 ARE TO BE INCLUDED WHERE APPLI CABLE]

5] Custody of [state name of child / children] born on [state date (s) of

birth] ought to be granted to the Petitioner.
6] The Respondent will have liberal access to the said children /children.

HEREBY DECREES THAT: -

A] The marriage which took place on the [state the date of marriage]
between [state the name of the Petitioner as filed] (described in the
marriage certificate as [state the name on the marriage certificate])
and [state the name of the Respondent as filed] (described in the
marriage certificate as [state the name on the marriage certificate])
at [state the address that the marriage took place as stated on the
marriage certificate] in the parish of [state the parish] be dissolved
unless sufficient cause be shown to the Court within six (6) weeks
from the making of this Decree why this Decree should not be made
absolute.
B] Custody of [state the name of child / children] born on [state the date (s) of
birth] is granted to the Petitioner.
C] The Respondent will have liberal access to the said children /children.

_________________________________________

JUDGE/MASTER

26
NOTES: 1. A party to the marriage who marries again before this
Decree is made absolute (unless the other party has died)
commits the offence of bigamy.
2. If before this Decree is made absolute, it comes to
the notice a party to the marriage that the other party has
died, he or she should file an affidavit in the Registry giving
particulars of the date and place of death.

3. If the parties to the marriage become reconciled before this

decree is made absolute, application must be made to the
court for rescission of this decree before it is made absolute.

FILED by [state the name and address of the Petitioner if appearing in person, or where
represented, the name address and telephone number of the law firm or the attorney-at-
law.

NOTICE OF APPLICATION FOR DECREE NISI TO BE MADE ABSOLUTE

27
______________________________________________________________________

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

IN THE FAMILY DIVISION

CLAIM NO. SU 202 FD

BETWEEN

PETITIONER

AND RESPONDENT

TAKE NOTICE that the Petitioner, [state the Petitioner’s name], hereby applies for the

Decree Nisi pronounced in this cause on the [state the date that the Decree Nisi was

granted] before the Honourable Mr. / Mrs. / Miss Justice [state the name of the Judge] to

be made absolute.

[And where required (i) for an order to certify the arrangements for the child /children

where they were not previously certified and/ or (ii) an order for custody and maintenance

of the relevant child/children].

Dated this day of 20

PER:
ATTORNEYS-AT-LAW FOR THE PETITIONER

To: The Registrar And To: The Respondent

Supreme Court c/o his Attorneys-at-Law
King Street (state name and address)
Kingston

FILED by [state the name and address of the Petitioner if appearing in person, or where
represented, the name address and telephone number of the law firm or the attorney-at-
law.

28
(THIS FORM IS TO BE USED WHERE THERE IS/ARE NO RELEVANT
CHILD/CHILDREN)

AFFIDAVIT OF [STATE THE PETITIONER’S / RESPONDENT’S NAME] IN SUPPORT

OF APPLICATION FOR DECREE ABSOLUTE
______________________________________________________________________

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

IN THE FAMILY DIVISION
CLAIM NO. SU 202 FD

BETWEEN PETITIONER

AND RESPONDENT

I, [state the name of the Petitioner / Respondent] being duly sworn make oath and say as
follows:-

1. I reside and have my true place of abode at [state the address] in the parish of
[state the address] and I am a [state the occupation] and the
Petitioner herein.

2. On the [state the date that the Decree Nisi was granted] the Decree Nisi was
granted by the Honourable Mr. / Mrs. / Miss Justice [state the name of the
Judge]. I exhibit hereto marked “RIW1” for identification a copy of the Decree
Nisi.

3. At the date of the Decree Nisi, there were no relevant children. At the time of
making this application, there are no relevant children.

4. I am not aware of any application to set aside the granting of the Decree Nisi.

5. Having regard to the above, I humbly pray that this Honourable Court will deem
it fit to pronounce the Decree Nisi herein absolute.

SWORN to at ]
in the parish of ]
this day of ] _______________________________________
before me ] [State the Petitioner’s / Respondent’s name]
_________________________ ]
Justice of the Peace for the
parish of:

FILED by [state the name and address of the Petitioner if appearing in person, or where
represented, the name address and telephone number of the law firm or the attorney-at-
law

29
(THIS FORM IS TO BE USED WHERE THERE IS/ARE RELEVANT CHILD/CHILDREN)

AFFIDAVIT OF [STATE THE PETITIONER’S /RESPONDENT’S NAME] IN SUPPORT

OF DECREE ABSOLUTE
______________________________________________________________________

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

IN THE FAMILY DIVISION

CLAIM NO. SU 202 FD

BETWEEN PETITIONER

AND RESPONDENT

I [state the name of the Petitioner / Respondent] being duly sworn make oath and say as
follows:-

1. I live and have my true place of abode and postal address at [state the address] in
the parish of [state the address]. I am a [state the occupation] and the Petitioner /
Respondent herein.

2. On the [state the date that the Decree Nisi was granted] the Decree Nisi was
granted by the Honourable Mr. / Mrs. / Miss Justice [state the name of the Judge]. I
exhibit hereto marked “RIW1” for identification a Copy of the Decree Nisi.

3. There are two [2] relevant children of the marriage namely, [state the name of the
child/children] born on the [state the date of birth] and [state the name of the
child/children] born on the [state the date of birth].

4. At the time of the granting of the Decree Nisi, the Honourable Mr. / Mrs. / Miss
Justice [state the name of the Judge] certified that the arrangements in place for
the maintenance, care and upbringing of the child /children were

a) the best that can be devised in the circumstances or

b) satisfactory
The arrangements remain as follows:-

A. RESIDENCE

Example: The relevant /child children [state the name(s)] reside with me
the petitioner and will continue to do so at [state address] in

30
 the parish of [state parish] in a [state number of rooms]
bedroom home. The house has the usual amenities
consisting of a bathroom, kitchen, and living and dining room.
No one else lives in the house [if not state the names of the
other persons].

B. EDUCATION
State the immediate educational or vocational prospects and or plans for the
child/children

Example The child/children [state their names] attend(s) school at [state the name

of the school or schools] in the parish of [state the parish]. The

child/children is/are in grades [state the grades].until he /she sits GSAT,

where it is expected that he/she will proceed to a secondary/high school,

then on to a tertiary institution as his /her aptitude will allow.

C. RELIGIOUS UPBRINGING

Both children receive their religious instructions at [state the place of

worship] in the parish of [state the parish].

D. FINANCIAL PROVISION

Example: I earn approximately $80,000.00 per month and I take care of

the children’s needs.

I spend approximately $30,000.00 per month towards food,

clothes and other necessities for and I also pay their school
fees and other educational expenses.

E. CUSTODY and ACCESS

Example: The Petitioner has custody of [state the name of the

child/children] and [state the name of the child/children]. The

31
 Respondent has access to them at any time he/she wishes to
see them. In this regard the children visit the Respondent
approximately three times per month.

F. HEALTH

Example: The said child/children is/are generally healthy and happy

and suffer from no disabilities, chronic illness or from the
effects of such illness.(disability or illness to be stated where
applicable)

OR

That at the time of the granting of the Decree Nisi, the Honourable Mr. / Mrs. / Miss
Justice [state the name of the Judge] did not certify the arrangements in place for the
maintenance, care and upbringing of the child /children but reserved the matter for
hearing in chambers. That by order of the court on the [state the date of the order] the
Honourable Mr. / Mrs. / Miss Justice [state the name of the Judge] ordered as follows: [set
out the orders]

[Paragraph 5 is to be included only in circumstances

where the arrangements have changed]

5. That the current arrangements for the maintenance, care and upbringing for the
child are now as follows: -

A. RESIDENCE

Example: The child/children reside (s) with me at [state the address] in

the parish of [state parish] and will continue to do so. The
house is a [state the number of rooms] bedroom home where
each has their own room. The house has the usual amenities
consisting of a bathroom, kitchen, and living and dining room.
No one else lives in the house [if not state the names of the
other persons].

32
B. EDUCATION

Example: The child / children attend(s) [state the name of the school] in
the parish of [state the parish] where he or she is in grade
[state the grade] (state arrangements put in place for after
school care where the child / children is/are under 12
years of age). The child /children receive(s) religious
instructions at [state the place of worship] in the parish of
[state parish].

C. FINANCIAL PROVISION

Example: I earn approximately $80,000.00 per month and I take care of

the children’s needs.

I spend approximately $30,000.00 per month towards food,

clothes and other necessities for and I also pay their school
fees and other educational expenses.

I have no intention to ask for assistance for maintenance from

the respondent.

D. CUSTODY AND ACCESS

Example: The Respondent has access to [state the name (s) of the
child/children]. (state specific date/s, time/s agreed
between the parties or as stipulated or ordered by the
court).

E. HEALTH

Example: The said child/children are generally healthy and happy and
suffer from no disabilities, chronic illness or from the effects of
such illness. (disability or illness to be stated, if
applicable)

33
 6. If the filing of the notice of application for Decree Absolute is delayed for more than
12 Months -(That there has been a delay of twelve (12) months or more since the
Decree Nisi was granted on [state the date that the Decree Nisi was signed]
(explain circumstances)

7. I am not aware of any application to set aside the granting of the Decree Nisi.

8. That having regard to the above, I humbly pray that this Honourable Court will deem
it fit to certify the arrangements which are in place for the maintenance, care and
upbringing of the relevant child/children as the best that can be devised in the
circumstances, and also to pronounce the Decree Nisi herein absolute.

SWORN to by the said

at ]
]
in the parish of ]
this day of 20 ] ___________________________________
before me ] [state the Petitioner’s / Respondent’s name]
]
]
___________________________ ]
Justice of the Peace
for the parish of:

FILED by [state the name and address of the Petitioner if appearing in person, or where
represented, the name address and telephone number of the law firm or the attorney-at-
law

[TO ACCOMPANY APPLICATION FOR DECREE NISI TO BE MADE ABSOLUTE]

AFFIDAVIT OF SEARCH

34
IN THE SUPREME COURT OF JUDICATURE OF JAMAICA
IN THE FAMILY DIVISION

CLAIM NO. SU 202 FD

BETWEEN PETITIONER

AND RESPONDENT

I, , being duly sworn make oath and say as follows:

1. I reside and have my true place of abode and postal address at

……………………… and I am ………………..for the Petitioner hereon.

2. That on the day of , 202 . I carefully searched the

record in this suit and books kept in the Registry of this Honourable Court for the
purpose of ascertaining whether an application to set aside Decree Nisi obtained
in this proceeding had been filed by the Respondent, or any other person, from
and including the day of , 202 , the date the Decree Nisi
was granted. As a result of the of the abovementioned search, I have found that
during such period to the date hereof, no application to set aside the Decree Nisi
had been filed at the Supreme Court Registry.

SWORN to by the said

at ]
]
in the parish of ]
this day of 20 ] ___________________________________
before me ] [state the Affiant]
]
]
___________________________ ]
Justice of the Peace
for the parish of:

FILED by [state the name and address of the Petitioner if appearing in person, or where
represented, the name address and telephone number of the law firm or the attorney-at-
law
(THIS FORM IS TO BE USED WHERE THERE IS/ARE NO RELEVANT
CHILD/CHILDREN)

35
 DECREE ABSOLUTE
_______________________________________________________________

FORM MP. 10A [Rule 76.14(9)]

IN SUPREME COURT OF JUDICATURE OF JAMAICA

IN THE FAMILY DIVISION

CLAIM NO. SU 202 FD

BETWEEN PETITIONER

AND RESPONDENT

A Decree Nisi for Dissolution of Marriage having been granted in these proceedings
on the [state the date that the Decree Nisi was granted] by the Honourable Mr. / Mrs.
/ Miss Justice [state the name of the Judge] by which it was decreed that the marriage
which took place on the [state the date of marriage] at [state the address that the
marriage took place] in the parish of [state the parish] between the petitioner [state the
Petitioner’s name as filed] (described in the marriage certificate as [state the name on the
marriage certificate]) and the Respondent [state the Respondent’s name as filed]
(described in the marriage certificate as [state the name on the marriage certificate]) be
dissolved on the ground that it had broken down irretrievably and no cause having been
shown to the Court why the said decree should not be made absolute, the Court now
pronounces and declares the said marriage dissolved and the said Decree Nisi is made
absolute.

Dated this day of 20

……………………………
JUDGE

FILED by [state the name and address of the Petitioner if appearing in person, or where
represented, the name address and telephone number of the law firm or the attorney-at-
law

(THIS FORM IS TO BE USED WHERE THERE IS/ARE RELEVANT CHILD/CHILDREN)

DECREE ABSOLUTE

36
 _________________________________________________________

FORM MP. 10B [Rule 76.14(9)]

IN SUPREME COURT OF JUDICATURE OF JAMAICA

IN THE FAMILY DIVISION

CLAIM NO. SU 2023 FD 00000

BETWEEN PETITIONER

AND

A Decree Nisi for Dissolution of Marriage having been granted in these proceedings
on the [state the date that the Decree Nisi was granted] by the Honourable Mr. / Mrs.
/ Miss Justice [state the name of the Judge] by which it was decreed that the marriage
which took place on the [state the date of marriage] at [state the address that the
marriage took place] in the parish of [state the parish] between the Petitioner [state the
Petitioner’s name as filed] (described in the marriage certificate as [state the name on the
marriage certificate]) and the Respondent [state the Respondent’s name as filed]
(described in the marriage certificate as [state the name on the marriage certificate])

[select from the following as is applicable]

be dissolved on the ground that it had broken down irretrievably [where the
circumstances are that the marriage has broken down irretrievably]

[or]

is null and void [in the case of nullity of marriage]

[or]

be dissolved by reason of the presumed death of the Respondent [where the

circumstances are those of presumption of death and dissolution of marriage]

and having regard to the evidence on oath of the applicant and having certified the
arrangements for the maintenance, care and upbringing of the relevant children, namely
[state the name of the child] born on [state the date of birth] and [state the name of the

37
child] born on [state the date of birth] are the best that may be devised in the
circumstances or are satisfactory and no cause having been shown to the Court why the
said decree should not be made absolute, the Court now pronounces and declares the
marriage dissolved and the said Decree Nisi is made absolute.

Dated this day of 20

……………………………
JUDGE

FILED by [state the name and address of the Petitioner if appearing in person, or where
represented, the name address and telephone number of the law firm or the attorney-at-
law.

38