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Matrimonial Causes (Amendment) (Guernsey) Law, 2002

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PROJET DE LOI

ENTITLED

The Matrimonial Causes (Amendment) (Guernsey) Law, 2002

THE STATES, in pursuance of their Resolution of the 28^th day of September, 2000[a], have approved the following provisions which, subject to the Sanction of Her Most Excellent Majesty in Council, shall have force of law in the Bailiwick of Guernsey.

Amendments.

1.      The Law of 1939 is amended as set out in the Schedule.

Interpretation.

2.      (1)      In this Law, unless the context otherwise requires-

"the Law of 1939" means the Matrimonial Causes Law (Guernsey), 1939, as amended[b]; and

"the Schedule" means the schedule to this Law.

(2)      Except where the context otherwise requires, references in the Schedule to Articles and paragraphs are to articles and paragraphs of the Law of 1939.

Citation.

3.      This Law and the Matrimonial Causes Laws, 1939 to 1997 may be cited together as the Matrimonial Causes Laws, 1939 to 2002.

SCHEDULE

Amendment of the Law of 1939

Amendment of Article 2.

1.      In Article 2 delete "and by Article 21 (entitled "Exclusion of Sark"), of this Law".

Repeal of Article 21.

2.      Article 21 is repealed.

Amendment of Article 46.

3.      In paragraph 46(1) after "if it thinks fit" insert "and subject to Article 57A".

Amendment of Article 50.

4.      In Article 50 after "if it thinks fit" insert "and subject to Article 57A".

New Articles 57A and 57B.

5.      After Article 57 insert -

"ARTICLE 57A. - EFFECT OF ORDERS OF COURT IN RELATION TO SARK REAL PROPERTY

(1)      No order made by the Court under this Law shall have effect to the extent that it derogates from or infringes or purports to derogate from or infringe the rule of the law or custom of Sark relating to the partibility and division of Sark real property.

(2)      Where the Court exercises any power under -

(a)      Articles 46 and 47 for the securing of a gross or periodic sum or other payment of money; or

(b)      Article 52 (power of Court to award particular priority to hypothèque),

in respect of Sark real property, it may direct that any order or declaration of the Court shall be registered on the public records of the island of Sark.

(3)      The Court of the Seneschal may, from time to time, make rules, which shall not come into force unless and until approved by the Royal Court, regulating and prescribing the manner in which an order or declaration of the Court -

(a)      made in the exercise of a power under Articles 46, 47 or 52; and

(b)      in respect of which the Court makes a direction under paragraph (2),

may be registered on the public records of the Island of Sark.

ARTICLE 57B. - POWER OF COURT TO GRANT LEASEHOLD INTEREST IN SARK REAL PROPERTY

(1)      Where a decree of divorce or nullity of marriage or a decree or pronouncement of judicial separation has been granted, the Court may, if it thinks fit, grant to a party to the marriage, a leasehold interest ("a statutory leasehold interest") in respect of all or part of any Sark real property which is vested -

(a)      jointly in that party and the other party; or

(b)      solely in the other party.

(2)      A statutory leasehold interest shall create, as between the statutory lessor and the statutory lessee, the relationship of landlord and tenant of the property in respect of which it is granted -

(a)      at such rent or premium;

(b)      for such term; and

(c)      subject to such covenants, conditions and other matters,

as the Court may by order direct.

(3)      Where a statutory leasehold interest is granted subject to a proviso or stipulation giving the statutory lessor a right of re-entry or forfeiture for breach of any covenant or condition, that right shall not be enforceable, except in accordance with the terms of an order of the Court.

(4)      Where a statutory lessor applies for an order under paragraph (3), the statutory lessee may apply to the Court for relief; and the Court may grant or refuse the relief, as the Court, having regard to -

(a)      the proceedings and conduct of the parties; and

(b)      all other circumstances,

thinks fit.

(5)      Where the Court decides to grant relief under paragraph (4), it may do so on such terms and subject to such conditions as it thinks fit.

(6)      The Court may, at any time during which a party to the marriage is a statutory lessee -

(a)      upon the application of either party to the marriage;

(b)      upon such terms; and

(c)      subject to such conditions as it thinks fit;

by further order vary an order made under paragraph (2), where it appears to the Court just and equitable so to do.

(7)      The Court of the Seneschal may, from time to time, make rules, which shall not come into force unless and until approved by the Royal Court, regulating and prescribing the manner in which an order under paragraph (2) or (6) may be registered on the public records of the Island of Sark.

(8)      In this Article and, insofar as concerns the meaning of "Sark real property", Article 57A, except where the context otherwise requires -

"freehold" has the same meaning as in the Real Property (Succession) (Sark) Law, 1999[c];

"Sark real property" means a tenement or a freehold;

"statutory leasehold interest" means a leasehold interest granted under paragraph (1) of this Article;

"statutory lessee" means a person lawfully entitled to possession of Sark real property in accordance with the terms and conditions of a statutory leasehold interest which is in force in respect of that real property;

"statutory lessor" means the lawful owner for the time being of Sark real property in respect of which there is in force a statutory leasehold interest; and

"tenement" has the same meaning as in the Real Property (Succession) (Sark) Law, 1999.".

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