Revised Laws of Saint Lucia (2021)

7.   Court may vary or discharge order

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    (1)   A court in which any order under this Act has been made may, on the application of the married woman or of her husband, and upon cause being shown upon fresh evidence to the satisfaction of the court, at any time alter, vary or discharge any such order, and may upon any such application increase or diminish the amount of any weekly payment ordered to be made, so that the same do not in any case exceed the weekly sum of $100. If any married woman upon whose application an order shall have been made under this Act shall commit an act of adultery, such order shall upon proof thereof be discharged.

However, the court may, if it thinks fit—

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    (a)     refuse to discharge the order if in the opinion of the court such act of adultery as aforesaid was conduced to by the failure of the husband to make such payments as in the opinion of the court he was able to make under the order; and

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    (b)     in the event of the order being discharged, make a new order that the legal custody of the children of the marriage shall continue to be committed to the wife, or shall be committed to a relative of the wife or of the husband or to a third person, and that the husband shall pay to the wife, or any officer of the court or third person on their behalf such weekly sum not exceeding $30 as the court may consider reasonable for the maintenance of each such child until the child attains the age of 18 years. In making such an order the court shall have regard primarily to the interests of the children. (Amended by Act 6 of 1987)

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    (2)   Where a married woman with respect to whom an order has been made under this Act resumes cohabitation with her husband after living apart from him, or where she has before the date of the commencement of this Act so resumed cohabitation, and is at that date cohabiting with him, the order shall cease to have effect on the resumption of such cohabitation or at the commencement of this Act, as the case may be.