Revised Laws of Saint Lucia (2021)

PART 5
MISCELLANEOUS AND GENERAL

51.   Recognition of overseas decrees

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    (1)   The validity of any decree, order or legislative enactment for divorce or dissolution or nullity of marriage made (whether before or after the commencement of this Act) by a court or legislature of any country outside Saint Lucia shall, by virtue of this section, be recognised in all Saint Lucia courts, if—

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      (a)     one or both of the parties were domiciled in that country at the time of the decree, order or enactment;

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      (b)     that court or legislature has exercised jurisdiction—

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        (i)     in any case, on the basis of the residence of one or both of the parties to the marriage in that country if at the commencement of the proceedings any such party had in fact been residing in that country for a continuous period of not less than 2 years,

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        (ii)     in any case, on the basis that one or both of the parties to the marriage are nationals or citizens of that country or of the sovereign State of which that country forms part,

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        (iii)     in any case, on the basis that the wife has been deserted by her husband, or the husband has been deported, and that the husband was, immediately before the desertion or deportation, domiciled in that country,

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        (iv)     in any case, on the basis that the wife was legally separated from her husband, and that the husband was at the date of the order domiciled in that country, or

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        (v)     in any case, on the basis that the respondent submitted to the jurisdiction of that court or legislature; or

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      (c)     the decree or order or enactment is recognised as valid in the courts of a country in which at least one of the parties is domiciled.

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    (2)   This section does not affect the validity of any decree, order or legislative enactment for divorce or dissolution or nullity of marriage or of any dissolution of marriage otherwise than by judicial process that would be recognised in the courts of Saint Lucia apart from this section.