Revised Laws of Saint Lucia (2021)

4.   Powers of Court

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   (1)   The court to which any application under section 3 is made, may make an order or orders containing any of the provisions following, namely—

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      (a)     a provision that the applicant be no longer bound to cohabit with her husband (which provision while in force shall have the effect in all respects of a decree of judicial separation on the ground of cruelty);

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      (b)     a provision that the legal custody of any children of the marriage between the applicant and her husband, while under the age of 18 years, be committed to the applicant; (Amended by Act 17 of 1990)

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      (c)     a provision that the husband shall pay to the applicant personally, or for her use, to any officer of the court or third person on her behalf such weekly sum not exceeding $100 as the court shall, having regard to the means both of the husband and wife, consider reasonable; (Amended by Act 6 of 1987)

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      (d)     a provision that, despite the adultery of the applicant prior to the application, the husband shall pay to the applicant, or to any officer of the court or a third person, such weekly sum not exceeding $25 as the court may consider reasonable for the maintenance of each child of the applicant whom the husband is legally liable to maintain, until each such child attains the age of 18 years, and in such case the Court may, if it thinks fit, make a further provision that the legal custody of the children while under the age of 18 years shall be committed to a relative of the applicant or of her husband or to a third person. In making such provision the court shall have regard primarily to the interests of the children; (Amended by Act 6 of 1987 and Act 17 of 1990)

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      (e)     a provision for payment by the applicant or the husband or both of them, of the costs of the court and such reasonable costs including the costs of solicitor or counsel of either of the parties as the court may think fit.

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   (2)   Where, on the hearing of an application for an order for maintenance the application is adjourned for any period exceeding one week the court may order that the husband do pay to the wife or to an officer of the court or third person on her behalf a weekly sum (not exceeding such an amount as might be ordered to be paid under a final order) for the maintenance of the wife and any child or children in her custody until the final determination of the case. However, the order directing such payment shall not remain in operation for more than 6 months from the date on which it was made. Any such order shall be enforced in like manner as if it were a final order of the court. However, proceedings for the enforcement of any such order may be taken immediately after the husband has made default in payment of any weekly sum.

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   (3)   An order made under this Act shall not be enforceable and no liability shall accrue under any such order whilst the married woman with respect to whom the order was made resides with her husband and any such order shall cease to have effect if for a period of 3 months after it is made the married woman continues to reside with her husband.