Revised Laws of Saint Lucia (2021)

18.   Additional jurisdiction in proceedings by a wife

  1.  

    (1)   Without prejudice to any jurisdiction exercisable by the Court apart from this section, the Court shall have jurisdiction to entertain proceedings by a wife, despite that the husband is not domiciled in Saint Lucia—

    1.  

      (a)     in the case of any proceedings under this Act (other than proceedings under sections 35 to 37, if—

      1.  

        (i)     the wife has been deserted by her husband, or

      1.  

        (ii)     the husband has been deported from Saint Lucia under any law for the time being in force relating to deportation; and the husband was immediately before the desertion or deportation domiciled in Saint Lucia;

    1.  

      (b)     in the case of proceedings for divorce or nullity of marriage, if—

      1.  

        (i)     the wife is resident in Saint Lucia and has been ordinarily resident there for a period of 3 years immediately preceding the commencement of the proceedings, and

      1.  

        (ii)     the husband is not domiciled in Saint Lucia.

  1.  

    (2)   In any proceedings in which the Court has jurisdiction by virtue of subsection (1), the issues shall be determined in accordance with the law which would be applicable if both parties were domiciled in Saint Lucia at the time of the proceedings.