Revised Laws of Saint Lucia (2021)

CHAPTER SEVENTH
THE DISSOLUTION OF MARRIAGE

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    155.   Subject to the provisions of article 155A marriage can only be dissolved by the death of one of the parties or by divorce legally granted. (Substituted by Act 4 of 1988)

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    155A.

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      (1)     Notwithstanding the provisions of article 155 any married person who alleges that reasonable grounds exist for supposing that the other party to the marriage is dead may, if he is domiciled in Saint Lucia present a petition to the Court to have it presumed that the other party is dead and to have the marriage dissolved, and the Court, if satisfied that such reasonable grounds exist, may make a decree of presumption of death and of dissolution of the marriage.

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      (2)     In any such proceedings the fact that for a period of 7 years or upwards the other party to the marriage has been continually absent from the petitioner, and the petitioner has no reason to believe that the other party has been living within that time, shall be evidence that he or she is dead until the contrary is proved.

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      (3)     In determining for the purposes of this article whether a woman is domiciled in Saint Lucia, her husband shall be treated as having died immediately after the last occasion on which she knew or had reason to believe him to be living.

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           (Amended by Acts 34 of 1956 and 4 of 1988)

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    155B.   

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      (1)     When a decree of dissolution under the preceding article has been made absolute and there is no right of appeal against the decree absolute, or, if there is such a right of appeal, the time for appealing has expired without an appeal having been presented or an appeal has been presented but has been dismissed, either party to the marriage may marry again.

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      (2)     No minister of religion shall be compelled to solemnize the marriage of any person whose former marriage has been dissolved under the preceding article and whose former husband or wife is subsequently proved to be living, or to permit the marriage of any such person in the church or chapel of which he is the minister.

BOOK SIXTH
SEPARATION FROM BED AND BOARD