When one hears the word “annulment”, its easy to think of the word ‘null’. Such a perception is not so farfetched as the purpose of annulment is indeed to make a marriage null and void. In Jamaica, marriages and the dissolution of those marriages are governed by the Marriage Act (1897) and the Matrimonial Causes Act (1989). The applications for divorce and annulments fall under these Acts and such applications must be filed in the Supreme Court of Jamaica.

The main difference between annulments and divorces is that in Jamaica, the requirement for divorces is that the parties must be married for two (2) years and separated for at least a year before getting a divorce. Luckily, there is an alternative, but with strict stipulations and is more costly.

The Grounds for an Annulment

In Jamaica, either party may bring an application to the court seeking an annulment and they MUST satisfy the grounds for doing so. Section 4 of the Matrimonial Causes Act outlines the four main grounds for applying to the Supreme Court for an annulment in Jamaica.

The Court must be satisfied that one of the below following grounds have been met before granting an annulment:

1. One of the parties was already married;
2. Under section 3 of the Marriage Act, the marriage may be void for:
   1. Not being solemnized by a Marriage Officer;
   2. Insufficient or no witnesses (2 witnesses besides the marriage officer are required for a valid ceremony); or
   3. The two parties are closely related.
3. Consent to the marriage was obtained by duress/fraud –
   1.  Mistaken identity of the other party;
   2. mistake as to the nature of the ceremony; or
   3. No mental capacity to consent to the nature and effect of the marriage at the time;
4. Parties are of the same sex.

Are you contemplating if annulment is the right choice for you? Remember to call our experienced team today of #familylawyer #attorneys #divorcelawyerrinjamaica #annulments 876 3880935 and mcfarlaneandassociates@gmail.com