Jamaican laws do not discriminate against non-Jamaican citizens, so you have every right like anyone else in Jamaica. Jamaican family courts
follow the same common law doctrine and practices that UK and US courts do, which means that their procedures often parallel those of the US and UK. What you have to do is get temporary orders into place, either stand-alone or within the divorce filing (if it has not yet already been filed. This is done by petitioning the court for temporary orders in regards XXXXX XXXXX custody and splitting of assets. Spousal support
is not automatic in Jamaica if both spouses are capable of supporting themselves, but if you NEED spousal support, you can ask the Court and the court will decide based on a case by case basis. The courts follow a “best interest of the child
” idea, meaning that the parent who would be best for the child would usually get custody (likely you - Jamaican courts are highly biased against fathers in custody); child support
is routine, and fathers are more likely to be ordered to pay support than mothers. Mothers are also more likely to obtain custody than fathers in a Jamaican divorce. Property follows a common law doctrine of community property
, meaning that roughly, the following will be applied: Separate property and debt is property that is generally:
1. Owned before marriage by one spouse; or
2. Acquired by gift or will or similar legal way by spouse during marriage; or
3. Declared as such by prenup or postup; or
4. Traceable property purchased by one spouse only; or
5. Tort Recovery for personal injury, but not medical expenses or loss of earning capacity.
Separate property and debt is awarded to the party which had claim to it in accordance with the rules above.
Community Property and debt is everything else, including but not limited to:
1. Income from BOTH parties; or
2. Declared as such by prenup and postup; or
3. Gift from one spouse to another; or
4; All titled and non-titled property gathered during marriage.
However, Jamaican courts have been known to be subjective and to blur the lines to make the split more fair. You should get a percentage of the business, and he would either be ordered to pay you it or, to run the business together if you can.Therefore, ask the Court for spousal and child support in temporary orders while awaiting an Order Nisi (first hard order for divorce in Jamaica). I would HIGHLY recommend an attorney, and the US Consulate keeps a record of affordable attorneys on the Island for US Residents - call them and get into contact with an advocate.I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work; I receive no credit for my time with you unless you press ACCEPT.
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Edited by Eli on 1/1/2011 at 10:25 PM EST