(876)964-4046 
Personal Injury is that body of law that deals with the issue of liability and compensation where one is injured as a result of an accident. That accident may fall within the category of a motor vehicle accident, an accident while one is on the job, a slip and fall or any other accident tor incident where because of the Negligence of another person, injury results to a Claimant.
A will is a document that states who gets your property upon your death and who will manage your estate. It is probably the most important document that you will ever sign.
For divorce proceedings to start there are certain requirements which must be satisfied. In Jamaica, the only ground for a divorce is the irretrievable breakdown of the union. It is important to note that the parties would have to be separated for at least twelve (12) months.
There are generally three phases to a divorce:
A lawyer representing the Petitioner will lodge, at the Supreme Court, the Divorce “Petition” outlining that the marriage has broken down irretrievably along with the “Affidavit Accompanying Petition” which is a statement concerning the arrangements for the children (under age eighteen (18) years or who are under twenty-three (23) and are attending a tertiary institution) and the “Acknowledgment of Service” AOS, which is a form/questionnaire for the Respondent (other party). The AOS is filed and served on the Respondent with the other documents.
Service of the documents is very important in Divorce cases, as it is imperative that the other party is made aware of the proceedings commenced to terminate their union. Personal service is the standard, meaning the documents are given directly to the other party, but this cannot be done by the Petitioner, but preferably by a person unrelated to the parties. Where this is not possible, the lawyer for the Petitioner may apply for another method to be used, referred to as “Substituted Service.” This is service done by way of advertisements in a popular newspaper published in the town where the Respondent lives and/or service on a member of the Respondent’s family who would most likely be in touch with him/her.
An Application for the Decree Nisi will have to be made with accompanying documents which will be perused by the Court. If the Respondent does not contest the divorce, this means it is undefended and the Judge is then charged with the duty of reading through the documents to see if the Petitioner has proved their case, and if this is found to be the case, then a Decree Nisi will be granted.
The final stage to a divorce is the granting of a Decree Absolute. There is a waiting period of at least 6 weeks after the Decree Nisi has been granted before the Decree Absolute can be applied for. The granting of the Decree Absolute is the final nail in the coffin of the marriage. The marriage is thus dissolved.
About Author:
Abi-Gaye White-Thomas B.A., LL.B (Hons)
Attorney-at-Law
Manchester, Jamaica
Tel: (876)964-4046
Whatsapp: (876)805-6688
Email: law@balcostics.com
The Dangerous Drugs Amendment Act 2015 has not yet come into effect, but when it does please be mindful that the use of, possession of, and taking steps to import/export Marijuana is strictly regulated. Know the law and prevent the tarnishing of your criminal record, or the sanction of fines.
Possession of 2 ounces or less is no longer a criminal offence, which means that you should not be arrested for it. However, a police may issue a ticket for having this amount similar to a traffic ticket and the person has 30 days to pay JMD $500.00 at the Tax Office. It would appear that the criteria for a ticket is possession of the drug, so in order to avoid a sanction, then it would be safe to say that you still should not be found with marijuana, as a police officer can ticket at their discretion. If you are given a ticket and fail to pay, then the offender will be mandated to go to Petty Sessions court and will either be ordered to do community service or pay a fine $2,000.00. Failure to pay will result in a recording of the offence on a person’s criminal record.
Continue reading Jamaica New Marijuana Law: What You Should Know
It is probably a logical conclusion to assume that once a child is born, the persons who have come together to create a life should endeavour to provide for that life. This however is not the case and unfortunately many children simply are not given the financial assistance they require for their growth and development from both parents.The law is straightforward when it comes to this subject.
Under the Maintenance Act (2005), every parent has an OBLIGATION to maintain the parent’s unmarried child who- (a) is a minor; or (b) is in need of such maintenance, by reason of physical or mental infirmity or disability. It is important to note that the grandparents may also have this duty in the event of the failure of the child’s parents to do so owing to death, physical or mental sickness or disability.
Once a parent neglects his or her responsibility to the child, you should not be afraid to seek maintenance for that child. Below are six steps in applying for maintenance:
Don’t be afraid to seek Maintenance in the best interest of your child.
Written by: K. Whittaker
Balcostics LAW 