← belizelaw.ai · Supreme Court Of Judicature, Cap. 91 · PART X — Matrimonial Causes and Matters
Decree of judicial separation
Cap. 91, s. 140 · Revised Edition 2020
(1) A petition for judicial separation may be presented to the Court either by the husband or the wife on any grounds on which a petition for divorce might have been presented, or on the ground of failure to comply with a decree for restitution of conjugal rights or on any ground on which a decree for divorce a mensa et thoro might have been pronounced in England immediately before the commencement of the Matrimonial Causes Act 1857, c. 85, and the foregoing provisions of this Part relating to the duty of the Court on the presentation of a petition for divorce, and the circumstances in which such a petition shall or may be granted or dismissed, shall apply in like manner to a petition for judicial separation.
(2) Where the Court in accordance with the said provisions grants a decree of judicial separation, it shall no longer be obligatory for the petitioner to cohabit with the respondent.
(3) The Court may, on the application by petition of the husband or wife against whom a decree for judicial separation has been made, and on being satisfied that the allegations contained in the petition are true, reverse the decree at any time after the making thereof, on the ground that it was obtained in 77 the absence of the person making the application or, if desertion was the ground of the decree, that there was reasonable cause for the alleged desertion.
(4) The reversal of a decree for judicial separation shall not affect the rights or remedies which any other person would have had if the decree had not been reversed in respect of any debts,
contracts or acts of the wife incurred, entered into or done between the date of the decree and of the reversal thereof.
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