Revised Laws of Saint Lucia (2021)

9.   Opposition to Decree

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    (1)   The respondent to a petition for divorce in which the petitioner alleges any such fact as is mentioned in section 4(1)(d) may oppose the grant of a decree nisi on the ground that the dissolution of the marriage will result in grave financial or other hardship to him or her and that it would in all the circumstances be wrong to dissolve the marriage.

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    (2)   Where the grant of a decree nisi is opposed by virtue of this section, then—

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      (a)     if the Court is satisfied that the only fact mentioned in section 4(1) on which the petitioner is entitled to rely in support of his or her petition is that mentioned in the said section 4(1)(d); and

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      (b)     if apart from this section it would grant a decree nisi,

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    the Court shall consider all the circumstances, including the conduct of the parties to the marriage and the interests of those parties and of any children or other persons concerned, and if the Court is of opinion that the dissolution of the marriage will result in grave financial or other hardship to the respondent and that it would in all circumstances be wrong to dissolve the marriage it shall dismiss the petition.

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    (3)   For the purposes of this section hardship shall include the loss of the chance of acquiring any benefit which the respondent might acquire if the marriage were not dissolved.