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CIVIL CODE OF SAINT LUCIA
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CHAPTER FOURTH ACTIONS FOR ANNULLING MARRIAGE

Revised Laws of Saint Lucia (2022)

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CHAPTER FOURTH
ACTIONS FOR ANNULLING MARRIAGE

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    123.   A marriage once celebrated can be impugned only for the following reasons:

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      1.     For contraventions of articles 90, 91, 92;

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      2.     Because without free consent of one of the parties;

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      3.     For error of one party as to the person of the other;

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      4.     Because one of the parties at the time of the marriage was of unsound mind;

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      5.     Because celebrated by an incompetent officer;

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      6.     For non-publication of banns or notice as prescribed in the last Chapter.

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    124.   In the cases 2, 3, 4 and 5 specified in the preceding article, the party who has continued cohabitation during 6 months after having acquired liberty or sanity, or having become aware of the error, cannot seek the nullity of the marriage.

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    125.   A marriage in contravention of articles 90, 91, 92 may be contested either by the parties themselves or by any of those having an interest therein.

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    126.   A marriage can be impugned for the cause 5 specified in article 123 only on behalf of a party who was unaware of the incompetency of the officer, and for the causes 2, 3, 4 specified in the same article only on behalf of the party who was not free, or was of unsound mind or in error, and for cause 6 only by a parent, tutor, or curator of one of the parties, who was a minor or interdicted at the time of the marriage, such parent, tutor, or curator having been ignorant of or having refused consent to the marriage.

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    127.   If the publications required were not made or on their omission supplied by licence, or if there have not been the legal intervals between the publications, or if the publications or licence have by lapse of time become invalid, the officer celebrating the marriage is liable to a penalty not exceeding $240, and is further liable to civil damages.

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    128.   The penalty and liability imposed by the preceding article is in like manner incurred by any officer who, in the execution of the duty imposed upon him or her, or which he or she has undertaken, as to the solemnization of a marriage, contravenes the rules prescribed in that respect by the different articles of the present Book.

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    129.   No one can claim the title of husband or wife and the civil effects of marriage, unless he produces a certificate of the marriage, as inscribed in the registers of civil status, except in the cases provided for by article 35.

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    130.   Possession of the status of married persons does not dispense those who pretend to be husband and wife, from producing the certificate of their marriage.

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    131.   When the parties are in possession of the status, and the certificate of their marriage is produced, they cannot impugn the validity of the certificate.

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    132.   Nevertheless, in the case of articles 129 and 130, if there be children issue of 2 persons who lived publicly as husband and wife, and who are both dead, the legitimacy of such children cannot be contested solely on the pretext that no certificate is produced, whenever such legitimacy is supported by possession of the status uncontradicted by the record of birth.

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    133.   A marriage although declared null, produces civil effects, as well with regard to the husband and wife as with regard to the children, if contracted in good faith.

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    134.   If good faith exists on the part of one of the parties only, the marriage produces civil effects in favour of such party alone and in favour of the children issue of the marriage.

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    134A.   Where a decree of nullity is granted in respect of a voidable marriage, any child who would have been the legitimate child of the parties to the marriage if it had been dissolved, instead of being annulled, at the date of the decree shall be deemed to be their legitimate child notwithstanding the annulment.

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    (Added by Act 34 of 1956)

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    134B.   In the case of any action for nullity of marriage:—

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      (1)     the Court may, if it thinks fit, direct all necessary papers in the matter to be sent to the Attorney General, who may himself or herself argue or instruct counsel to argue before the Court any question in relation to the matter which the Court deems to be necessary or expedient to have fully argued, and the Attorney General shall be entitled to charge the costs of the proceedings as part of the expenses of his or her office;

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      (2)     any person may at any time during the progress of the proceedings or before the decree nisi is made absolute give information to the Attorney General of any matter material to the due decision of the case, and the Attorney General may thereupon take such steps as he or she considers necessary or expedient;

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      (3)     if in, consequence of any such information or otherwise the Attorney General suspects that any parties to the action are or have been acting in collusion for the purpose of obtaining a decree contrary to the justice of the case, he or she may, after obtaining the leave of the Court, intervene and retain counsel and subpoena witnesses to prove the alleged collusion.

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           (Added by Act 34 of 1956)

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    134C.   Where the Attorney General intervenes or shows cause against a decree nisi in any proceedings for nullity of marriage, the Court may make such order as to the payment by other parties to the proceedings of the costs incurred by him or her in so doing or as to the payment by him or her of any costs incurred by any of the said parties by reason of his or her so doing, as may seem just. (Added by Act 34 of 1956)

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    134D.   

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      (1)     Every decree for nullity of marriage shall, in the first instance, be a decree nisi not to be made absolute until after the expiration of 6 weeks from the pronouncing thereof, unless the Court by general or special order from time to time fixes a shorter time.

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      (2)     After the pronouncing of the decree nisi and before the decree is made absolute, any person may, in the prescribed manner, show cause why the decree should not be made absolute by reason of the decree having been obtained by collusion or by reason of material facts not having been brought before the Court, and in any such case the Court may make, the decree absolute, reverse the decree nisi, require further inquiry or otherwise deal with the case as the Court thinks fit.

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      (3)     Where a decree nisi has been obtained and no application for the decree to be made absolute has been made by the party who obtained the decree, then, at any time after the expiration of 3 months from the earliest date on which that party could have made such an application, the party against whom the decree nisi has been granted shall be at liberty to apply to the Court and the Court shall, on such application, have power to make the decree absolute, reverse the decree nisi, require further inquiry or otherwise deal with the case as the Court thinks fit. (Added by Act 34 of 1956)

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    134E.   Nothing in this Chapter shall be construed as validating any marriage which is by law void, but with respect to which a decree of nullity has not been granted. (Added by Act 34 of 1956)

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