FAQs on Divorce

Can divorce settlements be reopened?

It is exceedingly difficult to reopen a financial divorce settlement once the same has been approved by the court with a court seal. There are specific criteria for reopening a financial settlement and that is if there has been fraud or material misrepresentation. The case law in relation to this is very clear but if someone has made a representation upon which the other party has relied and it turns out to be totally incorrect, and would have made a difference to the settlement had the correct position been known at the time, then the Court can reopen the case. It is for this reason that parties are advised to make full and proper financial disclosure at the time of the settlement or imminently before or else face the risk of their settlements being reopened if their misrepresentation would have made a substantive difference. This applies both to Court hearings and if agreement is reached consensually.

Can divorce happen in pregnancy?

Divorce is always a question of timing and sometimes the parties wish to divorce when the other party is pregnant. This can be because the facts of a pregnancy comes as a shock and causes the last straw in the marriage or because one or other of the parties did not wish this to occur. As a firm we do not recommend parties to divorce during pregnancy if it can be avoided or indeed up to six months after a child is born because of the emotional upheaval that this causes. We are also of the view that sometimes the hormonal imbalance that it is caused by pregnancy or birth can cause extra emotional surges that can make parties make decisions that may not be in their best interests. If there is a divorce during pregnancy, once the child is born, then there will still be liabilities for the child?s upkeep notwithstanding that the child may not yet have born. This is because by law the father of the child will still be liable for his/her upkeep. Further, the fact of the birth of the child or the anticipated birth of the child, can lead to additional financial obligations in a divorce settlement.

How divorce affects children?

Many articles have been written about the impact of divorce on children in Jamaica West Indies. The specific information in most of the reports suggests that the absence of one of the parents in the children?s lives ie the father can cause children to become distressed, have a lack of concentration at school and can impact on their future emotional wellbeing. These factors are very much based on areas for the divorce itself, on the financial position of the parties, and of the approach that the parties take to the divorce itself. If the parties behave sensibly towards the children, the impact will be minimal. Children from wealthier families tend to do better than those from poorer families. However, if children from more wealthy families have the funds to allow them to get in with the wrong crown or to start taking drugs with the financial assistance that they have, then divorce can just as much affect middle class and upper-class children. There tends to be a lot of scaremongering particular in the media about the effects of divorce on children, but there is also enormous literature out their online and otherwise on how to have a happy divorce that minimises the affect on children.

Visit our website https://divorcelawyersjamaica.com/divorce-checklist-in-jamaica-west-indies/ for more info about filing for divorce in Jamaica

Divorce Lawyers Jamaica


Divorce FAQ|FAQ’s about Divorce







Categorized as News