How Much Does a Divorce Cost in Jamaica, and How Long Does It Take?

We assess the professional fee for a straightforward divorce at the consultation and confirm it in writing before we start. The engagement letter sets out the work included, from preparing the petition through the applications for Decree Nisi and Decree Absolute, and names anything charged separately, such as notarisation abroad, service on a spouse overseas or a courier. Current consultation information is on the fees page.

Uncontested means unchallenged, not that both spouses must agree. Your spouse does not have to sign. The attorney reviews the separation facts, any potential substantive challenge and any unresolved maintenance, custody or property issue. A petition may proceed as undefended after valid service and expiry of the response period, but the court must still be satisfied of the facts.

Property, maintenance and custody are separate matters. Divorce settles none of them automatically. Tell the attorney about any unresolved issue at the first meeting.

Before any fee is quoted, the facts have to pass the tests the court applies. The spouses must have lived apart for at least twelve months before filing, with no real prospect of getting back together. Unless the court gives permission, at least two years must have passed since the wedding. And at least one spouse must be a Jamaican citizen, be domiciled in Jamaica or have lived in Jamaica for the twelve months before filing. Our column on who can file and when goes through each test.

The petition is filed in the Supreme Court and served on the other spouse. Service in Jamaica is quick. Service abroad is slower and must follow the court's rules, and a spouse whose whereabouts are unknown means a separate application before the case can move at all.

The court usually decides an undefended petition on the papers, but it can ask for corrections, more evidence or a hearing. Decree Nisi does not end the marriage. After a wait the law fixes, the petitioner applies for Decree Absolute, and the marriage ends when that decree is granted. From start to finish a straightforward case usually runs to several months. One with a spouse overseas runs longer.

There is no six-month or eight-month divorce written into Jamaican law. The law fixes a minimum wait between the two decrees and nothing else. Everything after that depends on things outside the attorney's control: whether the names on the marriage certificate are in order, how quickly the other spouse can be served, whether the court asks questions, the arrangements for any children and the pace of the Registry. A promise made before the file has been read is worth nothing, and a client who has planned a wedding around it pays for that promise.

The law that governs divorce sets the wait between Decree Nisi and Decree Absolute and allows the court to shorten it: Matrimonial Causes Act.

To our reader: bring the marriage certificate to the first meeting and tell us when the two of you separated. We will confirm the fee in writing and tell you what the file starts with.