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CIVIL CODE OF SAINT LUCIA
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CHAPTER FIRST THE CAUSES OF SEPARATION FROM BED AND BOARD

Revised Laws of Saint Lucia (2021)

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CHAPTER FIRST
THE CAUSES OF SEPARATION FROM BED AND BOARD

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    156.   Separation from bed and board can only be demanded for specific causes; it cannot be based on the mutual consent of the parties.

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    157.   Either party to a marriage may demand separation on the ground of the adultery of the other.

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    158.   Either party may demand separation on the ground of cruelty on the part of the other. (Substituted by Act 34 of 1956)

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    159.   The question of the sufficiency of the cruelty is left to the discretion of the Court, which must take into consideration the circumstances of the parties, and their condition in life. (Substituted by Act 34 of 1956)

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    160.   Either party may demand separation on the ground that the other party has deserted the plaintiff without cause. (Substituted by Act 34 of 1956)

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    160A.   The expressions “adultery”, “cruelty” and “desertion” shall have the same meanings as are assigned to them by the law of England in matters relating to matrimonial causes:

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    Provided, however, that it shall not be necessary to prove, in an action on the ground of desertion that the desertion has continued for any specified period of time. (Substituted by Act 34 of 1956)

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    160B.   

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      (1)     In an action for separation it shall be the duty of the Court to inquire, so far as it reasonably can, into the facts alleged and whether there has been any connivance or condonation on the part of the plaintiff and whether any collusion exists between the parties, and also to inquire into any countercharge which is made against the plaintiff.

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      (2)     If the Court is satisfied on the evidence that—

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        (a)     the case for the plaintiff has been proved; and

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        (b)     where the ground of the action is adultery, the plaintiff has not in any manner been accessory to, or connived at, or condoned, the adultery, or, where the ground of the action is cruelty, the plaintiff has not in any manner condoned the cruelty; and

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        (c)     the action is not brought or prosecuted in collusion with the defendant or either of the defendants;

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      the Court shall grant the separation, but if the Court is not satisfied with respect to any of the aforesaid matters, it shall dismiss the action:

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      Provided that the Court shall not be bound to grant the separation and may dismiss the action if it finds that the plaintiff has during the marriage been guilty of adultery or if, in the opinion of the Court, the plaintiff has been guilty—

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      (i)     of unreasonable delay in bringing or prosecuting the action; or

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      (ii)     of cruelty towards the other party to the marriage; or

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      (iii)     where the ground of the action is adultery or cruelty, of having without reasonable excuse deserted, or having without reasonable excuse wilfully separated himself or herself from, the other party before the adultery or cruelty complained of; or

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      (iv)     where the ground of the action is adultery or desertion, of such wilful neglect or misconduct as has conduced to the adultery or desertion. (Added by Act 34 of 1956)

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    106C.   The Court may on the application by petition of the husband or wife against whom an order for separation from bed and board has been made, and on being satisfied that the allegations contained in the petition are true, reverse the order at any time after the making thereof, on the ground that it was obtained in the absence of the person making the application, or, if desertion was the ground of the order, that there was reasonable cause for the alleged desertion. (Added by Act 34 of 1956)

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