Revised Laws of Saint Lucia (2021)

8.   Provision designed to effect reconciliation

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    (1)   Provision may be made by rules of court for requiring the attorney-at-law acting for a petitioner for divorce to certify whether he or she has discussed with the petitioner the possibility of a reconciliation and given him or her the names and addresses of persons qualified to help effect a reconciliation between parties to a marriage who have become estranged.

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    (2)   If at any stage of proceedings for divorce it appears to the Court that there is a reasonable possibility of reconciliation between the parties to the marriage, the Court may adjourn the proceedings for such period as it thinks fit to enable attempts to be made to effect such reconciliation.

The power conferred by the foregoing provision is additional to any other power of the Court to adjourn proceedings.

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    (3)   Where the parties to the marriage have lived with each other for any period or periods after it became known to the petitioner that the respondent had, since the celebration of the marriage, committed adultery then—

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      (a)     if the length of that period or of those periods together is 6 months or less, their living with each other during that period or those periods shall be disregarded in determining for the purpose of section 4(1)(a) whether the petitioner finds it intolerable to live with the respondent; but

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      (b)     if the length of that period or of those periods together exceeds 6 months, the petitioner is not entitled to rely on that adultery for the purposes of section 4(1)(a).

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    (4)   Where the petitioner alleges that the respondent has behaved in such a way that the petitioner cannot reasonably be expected to live with him or her, but the parties to the marriage have lived with each other for a period or periods after the date of the occurrence of the final incident relied on by the petitioner and held by the Court to support his or her allegation, that fact shall be disregarded in determining for the purposes of section (4)(1)(b) whether the petitioner cannot reasonably be expected to live with the respondent, if the length of that period or of those periods together is 6 months or less.

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    (5)   In considering for the purposes of section 4 (1) whether the period for which the respondent has deserted the petitioner or the period for which the parties to a marriage have lived apart has been continuous, no account shall be taken of any one period (not exceeding 6 months) or of any 2 or more periods (not exceeding 6 months in all) during which the parties resumed living with each other, but no period during which the parties lived with each other shall count as part of the period of desertion or of the period during which the parties to the marriage lived apart, as the case may be.

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    (6)   References in this section to the parties to a marriage living with each other shall be construed as references to their living with each other in the same household.