Alicia Melonnie McKenzie v Jerome Rayon McKenzie - Ex Tempore Ruling
Husband and Wife - Divorce - Wife Amended Petition - Wife divorce brought on consensual ground of parties living apart for two years - Respondent must affirmatively consent to the decree and it is not sufficient that he or she does not oppose it - Consent must still exist at time of proving of petition - Amendment of Petitions and requirement to seek leave of the court pursuant to the procedure set out in Rule 14 Matrimonial Causes Rules (2003 Revision) - The fact alleged under s.10(1) of the Law on which it is sought to satisfy the court that the marriage has broken down irretrievably must appear in the Petition - Petitions to be treated as one petition and 2 years living apart must immediately precede the filing date of the Petition and not of the Amended Petition.
| Cause Number | FAM 0201/2017 |
|---|---|
| Court | CIGC (Fam) |
| Judge | Williams J |
| Parties | Alicia Melonnie McKenzie v Jerome Rayon McKenzie - Ex Tempore Ruling |
| Judgment Date | 2019-09-10 |
| Subject | Husband and Wife - Divorce - Wife Amended Petition - Wife divorce brought on consensual ground of parties living apart for two years - Respondent must affirmatively consent to the decree and it is not sufficient that he or she does not oppose it - Consent must still exist at time of proving of petition - Amendment of Petitions and requirement to seek leave of the court pursuant to the procedure set out in Rule 14 Matrimonial Causes Rules (2003 Revision) - The fact alleged under s.10(1) of the Law on which it is sought to satisfy the court that the marriage has broken down irretrievably must appear in the Petition - Petitions to be treated as one petition and 2 years living apart must immediately precede the filing date of the Petition and not of the Amended Petition. |
| Filename (current) | 19-09-10_alicia_melonnie_mckenzie_v_jerome_rayon_mckenzie.pdf |
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