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10.   Financial protection for respondent

Revised Laws of Saint Lucia (2021)

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10.   Financial protection for respondent

  1.  

    (1)   The following provisions of this section shall have effect where—

    1.  

      (a)     the respondent to a petition for divorce in which the petitioner alleged any such fact as is mentioned in section 4(1)(d) has applied to the Court under this section for it to consider for the purposes of subsection (2) the financial position of the respondent after the divorce; and

    1.  

      (b)     a decree nisi of divorce has been granted on the petition and the Court has held that the only fact mentioned in section 4(1) on which the petitioner was entitled to rely in support of his or her petition was that mentioned in the said section 4(1)(d).

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    (2)   The Court hearing an application by the respondent under this section shall consider all the circumstances, including the age, health, conduct, earning capacity, financial resources and financial obligations of each of the parties, and the financial position of the respondent as, having regard to the divorce, it is likely to be after the death of the petitioner should the petitioner die first; and despite anything in the foregoing provisions of this Act, but subject to subsection (3), the Court shall not make absolute the decree of divorce, unless it is satisfied—

    1.  

      (a)     that the petitioner should not be required to make any financial provision for the respondent; or

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      (b)     that the financial provision made by the petitioner for the respondent is reasonable and fair or the best that can be made in the circumstances.

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    (3)   The Court may if it thinks fit proceed without observing the requirements of subsection (2) if—

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      (a)     it appears that there are circumstances making it desirable that the decree should be made absolute without delay; and

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      (b)     the Court has obtained a satisfactory undertaking from the petitioner that he or she will make such financial provision for the respondent as the Court may approve.

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