Matrimonial Causes Rules


Published: 1957-01-12

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Matrimonial Causes Rules
MATRIMONIAL CAUSES [CH.125 – 3






[Original Service 2001] STATUTE LAW OF THE BAHAMAS

CHAPTER 125

MATRIMONIAL CAUSES

MATRIMONIAL CAUSES RULES

(SECTION 7)
[Commencement 12th January, 1957]

PART I
INTRODUCTION

1. These Rules may be cited as the Matrimonial
Causes Rules.

2. In these Rules, unless the context otherwise
requires, the following expressions have the meanings
hereby respectively assigned to them, that is to say —

“the Act” means the Matrimonial Causes Act;
“the English Act” means the Matrimonial Causes Act,

1950 of England, as extended to the Colony
by section 20 of the Supreme Court Act;

“attorney” means counsel and attorney;
“the judge” means the Chief Justice or any Justice

appointed under Constitution and exercising
jurisdiction in matrimonial causes and matters;

“undefended cause” means a matrimonial cause in
which no answer has been filed or in which all
the answers filed have been struck out, but does
not include —
(a) a cause in which relief is sought under

section 8(1)(b) of the English Act;
(b) a cause in which a co-respondent, party

cited or person named, whether made a
respondent or not, denies, in accordance
with rule 16, a charge of adultery without
filing an answer; or

(c) a cause in which a co-respondent claims to
be heard as to damages without filing an
answer;

G.N. 1/1957
G.N. 34/1957
G.N. 179/1958
5 of 1987

Short title.

Interpretation.

Ch. 53.

G.N. 34/1957.

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STATUTE LAW OF THE BAHAMAS [Original Service 2001]

“defended cause” means a matrimonial cause not
being an undefended cause;

“application for ancillary relief” means an
application for any relief of the kind mentioned
in rule 3(3);

“Rules of the Supreme Court of England” means the
Rules of the Supreme Court of England as
amended from time to time;

“Supreme Court Rules” means rules of court made or
deemed to be made under the provisions of
section 29 of the Supreme Court Act;

“the Registrar” means the Registrar of the Supreme
Court.

PART II
INITIATION OF PROCEEDINGS

3. (1) Every matrimonial cause shall be commenced
by filing a petition addressed to the Supreme Court.

(2) A petition shall not be filed if there is before
the court another petition by the same petitioner which
has not been dismissed or otherwise disposed of by a final
order.

(3) Every application in matrimonial cause for
ancillary relief, that is to say, every application —

(a) for alimony pending suit, except where a claim
for such relief is made in the petition;

(b) for maintenance of any children of the marriage
(in these Rules referred to as “maintenance of
the children”), except where a claim for such
relief is made in the petition;

(c) for the payment by a husband, on a decree for
divorce or nullity of marriage, of monthly or
weekly sums for the maintenance and support of
his wife (in these Rules referred to as “main-
tenance”), except where a claim for such relief is
made in the petition;

(d) for the securing by a husband, on a decree for
divorce or nullity of marriage, of a gross or
annual sum of money to his wife or for the
benefit of the children of the marriage (in these
Rules referred to as “a secured provision”),
except where a claim for such relief is made in
the petition;

Ch. 53.

Commencement
of proceedings.

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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

(e) for the payment of alimony to a wife in whose
favour a decree for judicial separation or
restitution of conjugal rights has been made (in
these Rules referred to as “permanent alimony”);

(f) for periodical payments to a wife in whose
favour a decree for restitution of conjugal rights
has been made, or, where a wife against whom
such a decree has been made is in receipt of any
profits of trade or earnings, for periodical
payments of any part of such profits of trade or
earnings to her husband for his own benefit, or
to her husband or any other person for the
benefit of the children of the marriage or either
or any of them (in these Rules referred to as
“periodical payments”) or for securing period-
ical payments to a wife in whose favour a decree
for restitution of conjugal rights has been made;

(g) in the case of a decree for divorce or judicial
separation made against the wife by reason of her
adultery, desertion or cruelty, or in the case of a
decree for restitution of conjugal rights made
against the wife, for the settlement of any
property to which she is emitted either in
possession or in reversion, or any part thereof, for
the benefit of her husband and of the children of
the marriage or either or any of them (in these
Rules referred to as “settlement of a wife’s
property”);

(h) for the application of the whole or any part of
the property comprised in any ante-nuptial or
post-nuptial settlement made on the spouses,
either for the benefit of the children of the
marriage or of the spouses (in these Rules
referred to as “variation of marriage settle-
ments”);

(i) for an order (in these Rules referred to as “a
modification order”) discharging, modifying or
temporarily suspending any order for alimony
pending suit, maintenance of the children,
maintenance, a secured provision, permanent
alimony, periodical payments or for securing
periodical payments to a wife,

shall be made by notice in accordance with Form 1 issued
out of the Registry:

Form 1.; G.N.
34/1957.

Form 1.; G.N. 34

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STATUTE LAW OF THE BAHAMAS [Original Service 2001]

Provided that where the parties have agreed upon the
terms of the proposed order the application may be made
by summons to the Registrar except in the case of an
application under subparagraphs (g) or (h) of this
paragraph.

(4) Except where these Rules otherwise provide, every
other application in a matrimonial cause or matter —

(a) shall be made to the Registrar; and
(b) shall be made by summons.
4. (1) The petition (except in a suit for jactitation of

marriage) shall state —
(a) the names of the parties to the marriage, the

place and date of the marriage and the name and
status of the wife before the marriage;

(b) the principal addresses at which the parties to the
marriage have cohabitated within the jurisdiction
or, if it be the case, that there has been no
cohabitation within the jurisdiction;

(c) whether there are living any children of the
marriage and, if so, the names and dates of birth
or ages of such children and, if it be the case, that
the parentage of any living child of the wife born
during the marriage is in dispute;

(d) the occupation of the husband and the residence
and domicil of the parties to the marriage (or, in
the case of a petition for presumption of death
and dissolution of the marriage, the residence
and domicil of the petitioner) at the date of the
institution of the cause;

(e) in the case of a petition by a wife in which the court
is alleged to have jurisdiction by virtue of section
18(1)(a) of the English Act, the domicil of the
husband immediately before the desertion or
deportation, and the date when and the circum-
stances in which the alleged desertion began, or as
the case may be, the date of the deportation order;

(f) in the case of a petition by a wife in which the
court is alleged to have jurisdiction by virtue of
section 18(1)(b) of the English Act —

Form of petition.

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(i) (unless otherwise directed, and in lieu of
the statement as to domicil required by sub-
paragraph (d) of this paragraph) the ad-
dresses at which the petitioner has resided
during the three years immediately preced-
ing the presentation of the petition and the
length of her residence at each address, and
that the husband is not domiciled in The
Bahamas; and

(ii) whether to the knowledge of the petitioner
proceedings for dissolution or nullity of the
marriage or judicial separation or restitu-
tion of conjugal rights, or for other relief in
respect of the marriage, are pending in any
other country and, if so, the nature of those
proceedings;

(g) in the case of a petition by a wife in which the
court is alleged to have jurisdiction by virtue
of section 18 (2) of the English Act, (unless
otherwise directed and in lieu of the statement
as to domicil required by subparagraph (d) of
this paragraph) the addresses at which the
petitioner has resided during the three years
immediately preceding the presentation of the
petition and the length of her residence at each
address;

(h) whether there have been in the Supreme Court
or a magistrate’s court any, and if so what,
previous proceedings with reference to the
marriage or the children of the marriage by or
on behalf of either of the parties to the
marriage, the date and effect of any decree or
order made in such proceedings, and, in the
case of proceedings with reference to the
marriage, whether there has been any
resumption of cohabitation since the making
thereof;

(i) the matrimonial offences alleged, or other
grounds upon which relief is sought, setting out
with sufficient particularity the individual facts
relied on, but not the evidence by which they are
to be proved, and, if such be the case, that any
person with whom adultery or sodomy is alleged
to have been committed has died before the
presentation of the petition;

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STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(j) in the case of a petition for presumption of death
and dissolution of the marriage, the last place of
cohabitation of the parties, and the circum-
stances in which the parties ceased to cohabit,
the date when and the place where the respon-
dent was last seen or heard of, and the steps
which have been taken to trace the respondent;

(k) in the case of a petition for restitution of
conjugal rights, the date when and the circum-
stances in which the respondent refused or
ceased to render conjugal rights to the petitioner,
the desire of the petitioner for restitution of
conjugal rights and the willingness of the petitioner
to render them to the respondent;

(l) where adultery is alleged, whether the petitioner
has in any way been accessory to or connived at
or condoned the adultery, and where cruelty is
alleged, whether the petitioner has condoned the
cruelty;

(m) in the case of a petition for nullity of marriage
under section 8(1)(b), (c) or (d) of the English
Act, whether the petitioner was at the time of the
marriage ignorant of the facts alleged and
whether marital intercourse with the consent of
the petitioner has taken place since the discovery
by the petitioner of the existence of grounds for a
decree;

(n) whether (except in the case of a petition for
restitution of conjugal rights) the petition is
presented or prosecuted in collusion with the
respondent or any of the co-respondents.

(2) A wife petitioner may include in her petition a
claim for alimony pending suit, maintenance of the
children, maintenance or a secured provision, in which
case the petition shall contain a statement in general terms
of her husband’s income and property in so far as they are
within her knowledge or belief.

(3) The petition shall conclude with a prayer setting
out particulars of the relief claimed, including the amount
of any claim for damages, any claim for costs, and, in
appropriate cases, a prayer that the court will exercise its
discretion to grant a decree nisi notwithstanding the
adultery of the petitioner during the marriage.

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LRO 1/2008 STATUTE LAW OF THE BAHAMAS

The prayer may also include a claim for —
(a) custody of the children of the marriage;
(b) alimony pending suit;
(c) maintenance of the children;
(d) maintenance; or
(e) a secured provision.
(4) A petition for jactitation of marriage shall state —
(a) the occupation, residence and domicil of the

petitioner and the respondent at the date of the
institution of the cause;

(b) the dates, times and places of the alleged
boastings and assertions;

(c) that the alleged boastings and assertions are
false and that the petitioner has not acquiesced
therein,

and shall conclude with a prayer setting out the relief
claimed.

(5) Every petition shall, if settled by an attorney, be
signed by him, or by the petitioner if he is acting in person.

(6) The attorney for a petitioner represented by an
attorney shall endorse on the petition his name or the
name of his firm and the address of his or his firm’s place
of business within the jurisdiction, which shall be an
address for service.

(7) A petitioner acting in person shall endorse on the
petition an address for service, which shall be within two
miles of the Law Court.

5. (1) Unless otherwise directed, where a husband’s
petition alleges adultery, the alleged adulterer shall, if living
at the date of the filing of the petition, be made a co-
respondent in the cause, and where a wife’s petition alleges
adultery with a woman named and contains a claim for
costs against her, she shall be made a respondent in the
cause.

(2) Where a person charged with adultery or sodomy
in a petition is not made a co-respondent or respondent
under the last foregoing paragraph, he shall be entitled to
appear and intervene in the proceedings.

(3) Unless otherwise directed, a party intervening in
a cause under these Rules shall join in the proceedings at the
stage which those proceedings have reached at the time he


Co-respondent
and interveners.

CH.125 – 10] MATRIMONIAL CAUSES






STATUTE LAW OF THE BAHAMAS LRO 1/2008

appears and his name shall appear thereafter in the title of
the cause.

6. (1) Every petition shall be supported by an
affidavit by the petitioner verifying the facts of which he has
personal knowledge and deposing as to belief in the truth
of the other facts.

(2) Where the petition contains an allegation of
desertion without cause for a period of at least three years
immediately preceding the presentation of the petition, this
rule shall be deemed to be complied with if the affidavit is
sworn not more than fourteen days before the petition is
filed, or such longer time as may be allowed by the judge
having regard to the circumstances of the case.

(3) The affidavit in support of the petition shall be
contained in the same document as the petition and shall
follow at the foot or end thereof.

PART III
SERVICE OF PETITION, ETC.

7. (1) Every copy of a petition for service on a
respondent spouse shall be accompanied by a notice of
petition in accordance with Form 2, a form of
acknowledgement of service in accordance with Form 3 and
a memorandum of appearance in duplicate in accordance
with Form 4.

(2) Every copy of a petition for service on a
correspondent or person charged with adultery or sodomy,
whether made a respondent or not, shall be accompanied
by a notice of proceedings in accordance with Form 5, a
form of acknowledgement of service in accordance with
Form 3, and a memorandum of appearance in duplicate in
accordance with Form 6.

8. (1) A notice of an application for ancillary relief
and every copy thereof for service shall, if the respondent
to the application has not already entered an appearance to
the petition in the matrimonial cause in which the
application is made, contain a notice to appear in
accordance with Form 7, and shall be accompanied by a
form of acknowledgement of service in accordance with
Form 3 and a memorandum of appearance in duplicate in
accordance with Form 8.

Affidavit in
support of
petition.

Notice of petition
and notice of
proceedings.

Forms 2, 3 and 4.

Forms 3, 5 and 6.

Notice of
application for
ancillary relief.

Forms 3, 7 and 8.

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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

(2) A notice of an application for alimony pending
suit, maintenance of the children, maintenance, a secured
provision, permanent alimony, periodical payments or for
securing periodical payments to a wife, and every copy
thereof for service, shall contain a notice to file evidence in
accordance with Form 9.

9. (1) Unless otherwise directed —
(a) a copy of every petition shall be served person-

ally or by registered post upon every respondent,
co-respondent and person charged with adultery
or sodomy who is named in the petition; and

(b) a copy of every originating summons shall be
served personally or by registered post upon the
respondent thereto; and

(c) a copy of every notice of an application for
ancillary relief shall be served personally or by
registered post upon the respondent thereto,
unless the respondent thereto is the petitioner or,
being respondent in the cause, has entered a
general appearance to the petition in the cause in
which the application is made, in which case the
notice may be served by leaving it at, or sending
it by prepaid post to, the address for service.

Personal service shall in no case be effected by the
petitioner or the intended petitioner.

(2) For the purposes of paragraph (1) of this rule, a
document shall be deemed to have been duly served by
registered post if it is sent by pre-paid registered post to the
party to be served, and an acknowledgement of service in
accordance with Form 3, of his identity and of his receipt
of the document is signed by him and returned to the
attorney for the petitioner, or to the petitioner if he is
acting in person at the address for service:

Provided that where the party to be served is a
respondent spouse, his signature on the acknowledgement
of service shall be proved at the trial or hearing.

(3) An application for leave to substitute for the
modes of service prescribed by the foregoing paragraphs of
this rule some other mode of service, or to substitute for
service notice of the proceedings by advertisement or
otherwise, shall be made ex parte by lodging with the
judge an affidavit setting out the grounds on which the
application is made.

Form 9.

Service of
petition
originating
summons and
notice of
application for
ancillary relief.

CH.125 – 12] MATRIMONIAL CAUSES






STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(4) Where leave is given to substitute for service
notice of the proceedings by advertisement, the form of the
advertisement shall be settled by the Registrar and copies
of the newspapers containing the advertisement shall be
filed together with any notice of petition or notice of
proceedings.

(5) Service may be dispensed with altogether in any
case in which it may appear necessary or expedient to do
so. An application for leave to dispense with service on a
respondent spouse shall be made to the judge and an
application for leave to dispense with service in any other
case shall be made to the Registrar.

10. (1) A petition, originating summons, notice or
other document in a matrimonial cause or matter may be
served out of the jurisdiction without leave in manner
provided by these Rules or may be served in accordance
with the procedure prescribed by rule 5, 6, 8 or 9 of Order
11 of the Rules of the Supreme Court of England, so
however that an official certificate shall be annexed in the
case of a document served personally, and show the
server’s means of knowledge as to the identity of the
person served.

(2) Where a petition or notice of an application for
ancillary relief is to be served out of the jurisdiction the
time limited for appearance which is to be entered in the
notice accompanying the petition or contained in the notice
shall be fixed having regard to the place or country where
or within which the petition or notice is to be served in
accordance with the practice adopted under rule 4(4) of
the said Order 11.

(3) Where an originating summons is to be served
out of the jurisdiction, the return date shall be fixed having
regard to the time which would be limited for appearance
under the last foregoing paragraph if the document to be
served were a petition.

11. Unless otherwise directed, and except where the
provisions of rule 9(4) have been complied with, a
petitioner shall not proceed to trial unless the respondent
and every co-respondent thereto and every person named
therein —

(a) has entered an appearance; or

Service out of the
jurisdiction.

G.N. 34/1957.

Proof of service.
G.N. 34/1957.

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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

(b) is shown by affidavit in accordance with Form 10
(which shall be filed) to have been served with
the petition personally or in accordance with an
order for substituted service. Such affidavit must
show the means of knowledge of the deponent as
to identity and where identification depends upon
proof of signature the document contain-
ing the signature must be exhibited; or

(c) has returned to the attorney for the petitioner, or
to the petitioner if he is acting in person, an
acknowledgement or service in accordance with
Form 3, which shall be lodged with the
Registrar.

12. (1) Unless otherwise directed, service or delivery
of any notice or other document in a matrimonial cause
may, if no other mode of service or delivery is prescribed,
be effected —

(a) where the party to be served is the petitioner or
has entered an appearance, by leaving the notice
or document at, or by sending it by pre-paid post
to, the address for service;

(b) in any other case by delivering the notice or
document to the party to be served or by leaving
it at, or sending it to him by pre-paid registered
post to, his last known address.

(2) A copy of every affidavit filed in support of or
in answer to an application for ancillary relief, or an
application under rule 53, or in pursuance of an order for
interrogatories or discovery shall be delivered to the
opposite party, if he is the petitioner or has entered an
appearance, within twenty-four hours after the affidavit has
been filed. If the opposite party is not the petitioner and has
not entered an appearance and the time for entering an
appearance has not expired, a copy of the affidavit shall be
served upon him with the originating summons or notice in
support of which the affidavit is filed.

13. (1) If the person desiring to appear is acting in
person he shall either leave at or send by post to the
Registry a memorandum of appearance in duplicate in
accordance with Forms 4, 6, 8 or 11, whichever is
appropriate, containing an address for service within two
miles of the Registry.

Form 10.

Form 3.

Service of other
documents.

Entry of
appearance.

Forms 4, 6, 8
and 11.

CH.125 – 14] MATRIMONIAL CAUSES






STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(2) If an attorney is acting on behalf of the person
desiring to appear, he shall leave at or send by post to the
Registry a memorandum of appearance in duplicate in
accordance with Forms 4, 6, 8 or 11, whichever is
appropriate, containing an address for service which shall
be the place at which he carries on business within the
jurisdiction.

(3) The Registrar, on receipt of the memorandum of
appearance, shall forthwith enter an appearance in the court
minutes, and shall send by post to the petitioner or his
attorney, as the case may be, one copy of the memorandum
sealed with the seal of the Registry, and shall deliver or
send by post to the person entering the appearance a notice
in accordance with Form 12 and the production of that
notice shall be prima facie evidence that the appearance
has been duly entered.

PART IV
INTERLOCUTORY PROCEEDINGS

14. (1) An appearance may be under protest, may be
either general or limited to any claim made in the petition
or by subsequent application, or to making an application
under these Rules and may be entered at any time.

(2) An appearance under protest shall state
concisely the grounds of protest and the party so appearing
shall, before the expiration of the time allowed for filing an
answer, apply for directions as to the determination of any
question arising by reason of such appearance and in
default of such application he shall be deemed to have
entered an unconditional appearance. Any such directions
may provide for the trial of a preliminary issue, with or
without a stay of proceedings, or for determination of the
matters in question at the hearing of the cause, and for any
interlocutory matters incidental to the application.

15. (1) A petition may be amended before service —
(a) upon the filing of an affidavit by the petitioner;

or
(b) with leave, upon the filing of an affidavit by the

attorney acting for the petitioner verifying the
new facts alleged.

After service a petition may be amended only with
leave.

Form 12.

Form of
appearance.

Amended and
supplemental
petitions.

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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

(2) A supplemental petition may be filed only after
service of the original proceedings and only with leave.

(3) An application for leave to amend a petition
after service or for leave to file a supplemental petition
shall, unless otherwise directed, be supported by an
affidavit by the petitioner verifying the new facts alleged
and shall, unless otherwise directed, be served on every
opposite party who has entered an appearance or may, if no
appearance has been entered, be made ex parte by filing
the affidavit.

(4) Any affidavit filed under this rule shall verify
the new facts of which the deponent has personal knowledge
and depose as to belief in the truth of the other new facts
alleged. The affidavit shall, in relation to those facts,
contain the information required by subparagraphs (l) and
(n) of rule 4(1) in the case of the original petition.

(5) An order made under this rule shall —
(a) in cases where an appearance has been entered

in the original proceedings fix the time within
which the memorandum of appearance must be
amended or the answer must be filed or
amended;

(b) if made after the Registrar has given his
certificate under rule 30, provide for a stay of
the hearing until that certificate has been
renewed.

(6) Unless otherwise directed, a copy of the
amended petition or of the supplemental petition, together
with a copy of the order (if any) made under this rule, shall
be served upon the respondent, co-respondent or person
named therein and, in the case of a respondent, co-
respondent or person who is not named in the original
petition or who is named therein but has not entered an
appearance thereto, the amended petition or supplemental
petition shall be accompanied by a notice of petition in
accordance with Form 2 or, as the case may be, by a notice
of proceedings in accordance with Form 5, a form of
acknowledgement of service in accordance with Form 3,
and a memorandum of appearance in duplicate in
accordance with whichever of Forms 4 or 6 is appropriate.
The provisions of rules 9, 10 and 11 shall apply to amended
petitions and supplemental petitions as they apply to
petitions.

Forms 2, 3, 4, 5
and 6.

CH.125 – 16] MATRIMONIAL CAUSES






STATUTE LAW OF THE BAHAMAS [Original Service 2001]

16. (1) A respondent, co-respondent or person
named who has entered an appearance to a petition and
who wishes to defend all or any charges made therein shall,
within fourteen days after the expiration of the time limited
for the entry of appearance, file an answer to the petition
by sending it by pre-paid post to, or by leaving it at, the
Registry:

Provided that a co-respondent or person named,
whether made a respondent or not, who indicates in the
memorandum of appearance that he intends only to deny
the charges of adultery, or any of them, shall be entitled,
without filing an answer, to defend at the trial by denying
such charges.

(2) Where the time limited for entry of appearance
has expired and no appearance has been entered, then, if
the Registrar’s certificate is granted under rule 30, the time
for filing an answer shall be deemed to have expired
notwithstanding that the said period of fourteen days has
not elapsed.

17. (1) Every answer or subsequent pleading contain-
ing more than a simple denial of the facts stated in the
petition or answer, as the case may be, shall set out with
sufficient particularity the facts relied upon but not the
evidence by which they are to be proved, and, if the answer
or subsequent pleading is filed by the husband or wife, it
shall, in relation to those facts, contain the information
required by subparagraphs (l) and (n) of rule 4(1) in the case
of a petition, and shall be supported by an affidavit verifying
the facts of which the deponent has personal knowledge and
deposing as to belief in the truth of the other facts. The
affidavit shall be contained in the same document as the
answer or subsequent pleading and shall follow at the foot
or end thereof.

(2) Where the answer of a husband alleges adultery
and prays for relief, or where the answer of a husband or a
wife contains a claim for costs against an alleged adulterer,
the alleged adulterer shall, if living at the date of the filing
of the answer, be added to the title of the cause as “A.B.”
cited and shall, unless otherwise directed, be served with a
copy of the answer accompanied by a notice of proceed-
ings in accordance with Form 5, a form of acknowl-
edgement of service in accordance with Form 3, and a
memorandum of appearance in duplicate in accordance
with Form 6, as if it were a petition.

Answer.

Form of answer,
parties cited, and
service of answer.

Forms 3, 5 and 6.

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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

(3) Where the answer of a husband alleges adultery,
but does not pray for relief and does not contain a claim for
costs against the alleged adulterer, or where the answer of a
wife alleges adultery or sodomy with the person named, a
copy of the answer shall, unless otherwise directed, be
served on the alleged adulterer or person named, together
with a notice of proceedings in accordance with
Form 5, a form of acknowledgement of service in
accordance with Form 3, and a memorandum of
appearance in duplicate in accordance with Form 6, and the
alleged adulterer or person named shall be entitled to
appear and intervene in the proceedings.

(4) Service of a copy of an answer under either of the
two foregoing paragraphs shall be effected and proof of
service shall be given in the manner provided for by rules 9,
10 and 11 in the case of service of a copy of a petition on a
co-respondent.

(5) A party cited or person named in an answer who
has entered an appearance to the answer and who wishes to
defend all or any charges made therein shall within
fourteen days after the expiration of the time limited for the
entry of appearance, file an answer to the charges by
sending it by pre-paid post to, or by leaving it at, the
Registry:

Provided that a party cited or person named in an
answer who indicates in the memorandum of appearance
that he intends only to deny the charges of adultery, or any
of them, shall be entitled, without filing an answer, to
defend at the trial by denying such charges.

(6) Every answer or subsequent pleading shall be
signed by the attorney for the party filing it, or by that
party if he is acting in person.

18. (1) No reply shall be filed without leave except
where the answer contains counter-charges and a prayer for
relief, in which case a reply may be filed within fourteen
days from the delivery of the answer.

(2) No subsequent pleading shall be filed without
leave.

19. Any originating summons, notice of an applica-
tion for ancillary relief, summons, pleading or other
document may be amended without leave before service,


Reply.

Amendment of
originating
summons, etc.

CH.125 – 18] MATRIMONIAL CAUSES






STATUTE LAW OF THE BAHAMAS [Original Service 2001]

or with leave after service, subject to any directions as to
verification by affidavit, as to re-service or as to
consequential amendment of pleading already filed.

20. (1) No pleading shall be filed out of time
without leave after the Registrar’s certificate has been granted
under rule 30.

(2) A co-respondent, party cited or person named,
whether made a respondent or not, shall not, without leave,
be heard to deny any charge of adultery, unless he or she
has entered an appearance before the Registrar’s
certificate has been granted under rule 30.

21. (1) Any party may by letter require any other
party to furnish particulars of any allegation or other matter
pleaded and, if the other party fails to furnish such
particulars within a reasonable time, the party requiring the
particulars may apply for an order that particulars be given.

(2) All particulars, whether given in pursuance of an
order or otherwise, shall be filed within twenty-four hours
after being furnished to the party requiring them, and the
request for the particulars, or a copy thereof, must be filed
with the particulars.

22. A copy of every answer (except an answer which
is required to be served in the same manner as a copy of a
petition), and of every reply and subsequent pleading shall,
within twenty-four hours after it is filed, be delivered to the
opposite parties or their attorneys.

23. (1) Any party to a matrimonial cause may with
leave deliver interrogatories in writing for the examination
of an opposite party.

(2) A copy of the interrogatories proposed to be
delivered shall be lodged in the Registry when the
summons is issued and a further copy shall be served with
the summons.

(3) Interrogatories shall, unless otherwise ordered, be
answered by affidavit to be filed within ten days.

(4) Any party to a matrimonial cause may apply for
an order for discovery of documents by an opposite party,
who may be ordered to make such general or limited
discovery on oath as the Registrar may think fit.

Pleadings out of
time.

Particulars.

Delivery of
subsequent
pleadings.

Discovery.

MATRIMONIAL CAUSES [CH.125 – 19






[Original Service 2001] STATUTE LAW OF THE BAHAMAS

24. (1) In proceedings for nullity on the ground of
impotence or incapacity the petitioner shall, after an
answer has been filed, or, if no answer has been filed or
appearance entered to the cause, after the expiration of the
time allowed for filing an answer or entering an
appearance, as the case may be, apply to the Registrar for
the determination of the question whether medical
inspectors of the court should be appointed to examine the
parties. Upon such application the Registrar shall, if in the
circumstances of the case he considers it expedient so to
do, appoint a medical inspector, or, if it appears to him
necessary, two medical inspectors of the court to examine
the parties and to report to the court the result of the
examination.

(2) At the hearing of any such proceedings the court,
if it thinks fit, may appoint a medical inspector, or two
medical inspectors, to examine any party who has not been
examined or to examine further any party who has been
examined.

(3) Notice of the time and place of the inspection
shall be served upon the respondent, and service shall be
effected and proof of service shall be given in the manner
provided for by rules 9 and 11 in the case of service of a
copy of a petition on a respondent:

Provided that where the respondent has appeared by
an attorney, service may be effected on the attorney in the
manner provided for by rule 12.

(4) In proceedings for nullity on the ground that the
marriage has not been consummated owing to the wilful
refusal of the respondent to consummate the marriage
either party may apply for the appointment of medical
inspectors to examine the parties and to report to the court
the result of the examination. Upon such application the
Registrar shall appoint a medical inspector, or, if it appears
to him necessary, two medical inspectors of the court and
either of the parties shall be at liberty to submit himself
for examination to the inspector or inspectors so
appointed.

(5) Every examination under this rule shall, if either
party so requires, be held at the residence of the medical
inspector, or, as the case may be, of one of the medical
inspectors so appointed as aforesaid, or at some other
convenient place selected by him or them, and in every
other case shall be held at the Registry or at such other
place as the Registrar may direct.

Medical
inspection.

CH.125 – 20] MATRIMONIAL CAUSES






STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(6) The medical inspector or inspectors shall call
upon the attorneys for the parties to identify the parties to
be inspected and, after identification, the parties and their
attorneys shall sign their names and the paper bearing the
signatures shall be signed by the inspector or inspectors
and annexed to the report.

(7) Every report made in pursuance of this rule shall
be filed, and either party shall be entitled to be supplied
with a copy upon payment of the prescribed fee.

25. (1) Subject to the provisions of the Supreme
Court Act, and of the Act and this rule, the witnesses at the
trial of any matrimonial cause shall be examined viva voce and
in open court:

Provided that the judge or the Registrar may —
(a) subject to the provisions of paragraph (2) of this

rule, order that any particular facts to be
specified in the order may be proved by affidavit;

(b) order that the affidavit of any witness may be
read at the trial on such conditions as the judge
or the Registrar may think reasonable;

(c) order that evidence of any particular facts to be
specified in the order shall be given at the trial
by statement on oath of information and belief,
or by production of documents, or entries in
books, or by copies of documents, or entries, or
otherwise as the judge or the Registrar may
direct; and

(d) order that not more than a specified number of
expert witnesses may be called.

(2) Where it appears to the judge or the Registrar
that any party reasonably desires the production of a
witness for cross-examination and that such witness can be
produced, an order shall not be made authorising the
evidence of such witness to be given by affidavit, but the
expenses of such witness at the trial shall be specially
reserved.

(3) Any party may apply for the appointment of an
examiner or for a commission or for letters of request to
examine a party or witness in any cause, and for leave to
give the depositions taken on the examination in evidence
at the trial and the provisions of Rules 6 to 25 of Order 37
of the Rules of the Supreme Court of England shall apply


Evidence.
Ch. 53.

G.N. 34/1957.

MATRIMONIAL CAUSES [CH.125 – 21






[Original Service 2001] STATUTE LAW OF THE BAHAMAS

to the examination, save that in rule 16 of the said Order
there shall be substituted for the reference to the Central
Office a reference to the Registry.

(4) Nothing in any order made under this rule shall
affect the power of the judge at the trial to refuse to admit
evidence tendered in accordance with the order if in the
interests of justice he should think fit to do so.

26. At any time after the commencement of proceed-
ings for restitution of conjugal rights the respondent may
apply for an order to stay the proceedings on the ground
that he is willing to resume or to return to cohabitation
with the petitioner.

27. An application for directions for the separate
trial of any issue or, except in a case to which rule 14(2)
applies, any question as to the jurisdiction of the court shall be
made to the judge.

28. (1) Every party to a matrimonial cause praying
that the court shall exercise its discretion to grant a decree
nisi notwithstanding his adultery shall lodge in the Registry
a statement (in this rule called “a discretion statement”)
signed by him or his attorney, stating that the court will be
asked to exercise its discretion in his favour notwithstand-
ing his adultery, and setting forth particulars of the acts of
adultery committed and of the fact which it is material for
the court to know for the purpose of the exercise of its
discretion.

(2) Where the application for the Registrar’s
certificate under rule 30 is made by the party praying for
the discretion of the court the discretion statement shall be
lodged in a sealed envelope with the application for the
Registrar’s certificate, or, where the application for that
certificate is made by any other party to the cause, the
discretion statement shall be lodged in a sealed envelope
within ten days after the receipt of notice that the cause has
been set down for trial. The envelope shall be endorsed
with a certificate by the attorney for the party praying for
the discretion of the court, or by that party, if he is acting in
person, that the statement is signed and dated and that
paragraph (4) of this rule does not apply or has been
complied with.

(3) A discretion statement shall be open to the
inspection of the Attorney-General, but, except by the
direction of the judge, shall not be open to inspection by
any other person:

Staying
proceedings for
restitution.

Trial of issues.

Discretion
statement.

5 of 1987, Sch.

CH.125 – 22] MATRIMONIAL CAUSES






STATUTE LAW OF THE BAHAMAS [Original Service 2001]

Provided that where an application is made to the
Registrar by or on behalf of a party who has filed a
discretion statement for leave to give his own evidence by
affidavit, the discretion statement shall be open to
inspection by the Registrar.

(4) Where a discretion statement contains an allega-
tion of adultery or other matrimonial offence on the part of
the other spouse which is not referable to any specific
allegation in the pleadings, notice of the allegation shall be
given forthwith to that spouse:

Provided that the court may at the trial dispense with
the notice if it is satisfied that failure to give the notice was
justified.

(5) Neither the fact that a discretion statement has
been lodged or that such notice as aforesaid has been given
nor the contents of the discretion statement or notice shall
be given as evidence against the party lodging or giving the
same in any matrimonial cause or matter except when that
party has put the discretion statement or notice or the
contents thereof in evidence in open court.

29. All causes or issues shall be tried by the judge
alone or with a jury as provided for in the Act.

30. The petitioner or any party who is defending a
matrimonial cause shall, before setting down the cause for
trial, refer the pleadings and proceedings in the cause to the
Registrar, who shall give a certificate that the cause is fit to
be set down for trial if he is satisfied —

(a) that a copy of the petition, and any document
required to be served in the same manner as a
copy of a petition, has been duly served;

(b) if appearance has not been entered, that the time
for entering an appearance has expired;

(c) if an appearance has been entered, that the time
for filing an answer or any subsequent pleading
has expired;

(d) in proceedings for nullity on the ground of
impotence or incapacity, that a report by a
medical inspector or inspectors appointed under
rule 24(1) has been filed, or an order made that
there shall be no medical inspection;

Mode of trial.

Registrar’s
certificate and
directions for
trial.

MATRIMONIAL CAUSES [CH.125 – 23






[Original Service 2001] STATUTE LAW OF THE BAHAMAS

(e) in proceedings for nullity on the ground that the
marriage has not been consummated owing to
the wilful refusal of the respondent to consum-
mate the marriage, that the report of any medical
inspector or inspectors appointed under rule
24(4) has been filed.

PART V
TRIAL, ETC., AND DECREES

31. (1) The petitioner, after the Registrar’s certificate
has been obtained, or (where directions have been given for the
separate trial of any issue) the plaintiff, after the directions have
been complied with, shall set the cause or issue down for trial
in the Registry, and shall, within twenty-four hours thereafter,
give to each party who has entered an appearance notice of his
having done so. If the petitioner fails to set the cause down
within fourteen days after the granting of the Registrar’s
certificate, any party defending the cause may set it down for
trial and shall, within twenty-four hours thereafter, give to the
petitioner and all other parties who have entered an appearance
notice of his having done so.

(2) If an undefended cause is not set down within
twenty-eight days after the granting of the Registrar’s
certificate, it shall not thereafter be set down until the
certificate has been renewed.

(3) Except with the consent of all parties who have
entered appearance, or by leave of the judge, no cause shall
be tried until after the expiration of ten days from the date
of setting down.

(4) After the date of the hearing has been fixed, the
party who has set the case down for trial shall, within
twenty-four hours thereof, give notice of such date to all
other parties who have entered an appearance.

32. After entering an appearance, a respondent, co-
respondent, or party cited in an answer may, without filing
an answer, be heard in respect of any question as to costs
or damages and a respondent spouse may, without filing an
answer, be heard as to any question of custody or of
access to any children of the marriage:

Setting down for
trial.

Right of
respondent, co-
respondent or
party cited to be
heard without
filing answer.

CH.125 – 24] MATRIMONIAL CAUSES






STATUTE LAW OF THE BAHAMAS [Original Service 2001]

Provided that —
(a) without leave, a co-respondent or party cited in

an answer shall not be heard in respect of any
question as to damages unless he has entered an
appearance before the Registrar’s certificate has
been granted under rule 30;

(b) no allegation shall be made against a party
claiming costs or damages unless the party
making the allegation has filed an answer;

(c) no bill of costs not directly referable to a decree
nisi or decree absolute or other final decree shall
be taxed against a party who has appeared (other
than a spouse against whom a decree has been
pronounced), unless notice has been given to
such party of the intention to apply for an order
that the costs should be costs in the cause; and

(d) such party as aforesaid (whether he has appeared
or not) may, before the expiration of the period
mentioned in the order for payment of the costs
by him after taxation, apply to the judge to
discharge the order making the costs in the
cause, so however that a party who has not
appeared shall first enter an appearance for the
purpose.

33. (1) Every decree of the court shall be signed by the
Registrar.

(2) Where in any cause there has been a finding of
adultery against one of the parties to the cause, but the
judge has refused to exercise his discretion under section
19 of the Act, that finding and the refusal shall be set out in
the decree, and where there has been such a finding but the
judge has exercised his discretion, the decree shall state
that it is made in the exercise of the discretion conferred on
the court by the said section. 1

(3) A sealed or other copy of any decree of the court
may be issued to any person requiring it on payment of the
prescribed fee.

34. An application for re-hearing of a cause where
no error of the court at the hearing Is alleged shall be made to



1 Section 19 of the Act was repealed and replaced by Section 9 of the Matrimonial

Causes (Amendment) Act, 1983 (No. 9 of 1983).

G.N. 34/1957.
Form of decree.

Re-hearing.

MATRIMONIAL CAUSES [CH.125 – 25






[Original Service 2001] STATUTE LAW OF THE BAHAMAS

the judge. The application shall be by notice of motion,
stating the grounds on which it is based, filed in the
Registry and served upon the opposite parties (whether
they have appeared or not) within six weeks after
judgment. The notice shall be a fourteen days’ notice and
may be amended at any time by leave of the judge.

35. (1) When the Attorney-General desires to show
cause against making absolute a decree nisi, he shall enter
an appearance in the cause in which the decree has been
pronounced, and shall, within fourteen days thereafter, file
his plea setting forth the grounds upon which he desires to
show cause, and within twenty-four hours of filing the plea
shall deliver a copy thereof to the party in whose favour the
decree has been pronounced and, if the plea alleges
collusion, to the other party or parties to the alleged
collusion.

(2) Where the plea alleges adultery by the petitioner
with any named person, the Attorney-General shall, unless
otherwise directed, serve each such person with a copy of
the plea, omitting any part thereof which contains any
allegation in which the person so served is not named.
Such copy shall be accompanied by a notice of proceedings
in accordance with Form 5, a form of acknowledgement of
service in accordance with Form 3 and a memorandum of
appearance in duplicate in accordance with Form 6, so far
as the same are applicable and service shall be effected and
proof of service shall be given in the manner provided for
by rules 8, 9 and 10 in the case of a copy of a petition
served on a co-respondent.

(3) Except as hereinafter provided, these Rules shall
apply to all subsequent pleadings and proceedings in
respect of the plea as if it were a petition.

(4) If no answer to the plea is filed within the time
limited, or if an answer is filed and is struck out or not
proceeded with, the Attorney-General may apply forthwith
by motion to rescind the decree nisi and dismiss the
petition.

(5) If any of the charges contained in the plea are
not denied in the answer thereto, the party in whose favour
the decree nisi has been pronounced shall apply for the
Registrar’s certificate under rule 30(1) and shall, within
fourteen days after obtaining it, set the intervention down
for trial and shall, within twenty-four hours thereafter, give


Intervention by
the Attorney-
General.

Forms 3, 5 and 6.

CH.125 – 26] MATRIMONIAL CAUSES






STATUTE LAW OF THE BAHAMAS [Original Service 2001]

to the Attorney-General notice of his having done so. If
default is made in setting down and giving notice to the
Attorney-General as aforesaid, the Attorney-General may
apply forthwith by motion to rescind the decree and
dismiss the petition.

(6) If all the charges contained in the plea are
denied in the answer thereto, the Attorney-General shall
apply for the Registrar’s certificate and shall, within
fourteen days after obtaining it, set the intervention down
for trial and shall, within twenty-four hours thereafter, give
to the other parties to the intervention notice of his having
done so.

36. (1) When any person other than the Attorney-
General desires to show cause against making absolute a
decree nisi, he shall enter an appearance in the cause in
which the decree has been pronounced and shall, within
four days thereafter, file an affidavit setting forth the facts
upon which he relies and within twenty-four hours of filing
such affidavit shall deliver a copy thereof to the party in
whose favour the decree has been pronounced and, if the
affidavit alleges collusion, to the other party or parties to
the alleged collusion.

(2) Any party to whom a copy of the affidavit has
been delivered as aforesaid may, within fourteen days
thereafter, file an affidavit in answer, and shall, within
twenty-four hours after filing the affidavit deliver a copy
thereof to the person showing cause who may within
fourteen days file an affidavit in reply and shall, within
twenty-four hours after filing the affidavit, deliver a copy
thereof to each party to whom he delivered a copy of his
original affidavit. No further affidavit shall be filed
without leave.

37. (1) An application by a spouse to make absolute
a decree nisi pronounced in his favour shall be made by
lodging in the Registry where the cause is proceeding a
notice of application in accordance with Form 13 on any
day after the expiration of the period prescribed for
making the decree absolute. If the Registrar, after
searching the court minutes, is satisfied —

(a) that no application for rehearing under rule 34 is
pending; and

Intervention by
person other
than the
Attorney-
General.

Decree absolute.

Form 13.

G.N. 34/1957.

MATRIMONIAL CAUSES [CH.125 – 27






[Original Service 2001] STATUTE LAW OF THE BAHAMAS

(b) that no appearance has been entered, or, if
appearance has been entered, that no affidavits
have been filed within the time allowed for filing,
by or on behalf of any person wishing to show
cause against the decree being made absolute,

the notice shall be filed:
Provided that if the application is made after the

expiration of one year from the date of the decree nisi there
shall be lodged with the notice an affidavit by the applicant
accounting for the delay, and the notice shall be filed
without leave.

(2) Upon the filing of the said notice the decree nisi
shall become absolute.

(3) An application by a spouse to make absolute a
decree nisi pronounced against him shall be made to the
Registrar on not less than four days’ notice and shall be
accompanied by a notice of application in accordance with
Form 13. On any such application the Registrar may make
such order as he thinks fit, or may refer the application to
the judge.

(4) A certificate in accordance with Form 14 or Form
15, whichever is appropriate, that the decree has been made
absolute shall be prepared by the person applying for the
decree and filed by the Registrar. The certificate shall be
authenticated by fixing thereto the seal of the Registry.

38. (1) A petition for the reversal of a decree of
judicial separation shall set out particulars of the decree
and the grounds for reversal on which the petitioner relies.

(2) A copy of the petition, accompanied by a form
of acknowledgement of service in accordance with Form 3,
shall be served upon the party in whose favour the decree
was pronounced, who may within fourteen days after
service file an answer to the petition. A copy of the answer
shall be delivered to the petitioner within twenty-four
hours after the answer is filed.

Service of a copy of the petition shall be effected and
proof of service shall be given in the manner provided for
by rules 9, 10 and 11 in the case of a document served on a
respondent to a petition.

(3) All subsequent proceedings on the petition shall be
carried on in the same manner, so far as practicable, as the
proceedings on the petition for judicial separation.

Form 13.

Forms 14 and 15.

Reversal of
decree of judicial
separation.

Form 3.

CH.125 – 28] MATRIMONIAL CAUSES






STATUTE LAW OF THE BAHAMAS [Original Service 2001]

PART VI
PROVISIONS REGARDING

MAINTENANCE, ALIMONY AND
SETTLEMENTS

39. The wife petitioner who has not included in her
petition a prayer for alimony pending suit may apply for
alimony pending suit at any time after filing the petition,
and a respondent wife may apply for alimony pending suit
at any time after entering appearance to a petition.

40. An application for maintenance of the children
may be made —

(a) by a petitioner who has not included in the
petition a prayer for maintenance of the children,
at any time after service of a petition in which
custody of any children of the marriage is
claimed or after making a subsequent application
for custody;

(b) by a respondent spouse, after entering an
appearance to a petition; or

(c) by the guardian of any children of the marriage
or by any person who has obtained leave to
intervene in the cause for the purpose of
applying for the custody of, or who has under an
order of the court, the custody or control of such
children, after entering an appearance to the
petition in accordance with Form 11.

41. (1) An application for maintenance or a secured
provision, where a prayer for such relief has not been
included in the petition, and an application for settlement
of a wife’s property, or variation of marriage settlements,
in the case of proceedings for divorce, may be made by the
petitioner at any time after the time for entering an appear-
ance to the petition has expired, and by a respondent
spouse at any time after entering an appearance to the
petition, but no such application shall be made later
than two months after final decree except by leave.

(2) An application for settlement of a wife’s
property, in the case of proceedings for judicial separation or
for restitution of conjugal rights, may be made at any time
after the decree has been pronounced.

Alimony pending
suit.

Maintenance of
children

Form 11.

Maintenance,
secured
provision,
settlement of
wife’s property
and variation of
marriage
settlements.

MATRIMONIAL CAUSES [CH.125 – 29






[Original Service 2001] STATUTE LAW OF THE BAHAMAS

(3) Upon an application for a secured provision,
settlement of a wife’s property or variation of marriage
settlements, the court shall, unless it is satisfied that the
secured provision or settlement makes adequate provision
for any children of the marriage, or, as the case may be,
that the proposed variation does not adversely affect the
rights or interests of any children of the marriage, direct
that the children be separately represented on the
application by an attorney, and may assign a guardian ad
litem by whom any infant children may appear upon the
application. An affidavit of fitness of the proposed
guardian in accordance with Form 16 shall be filed.

42. An application for permanent alimony may be
made within a reasonable time after a decree for judicial
separation or for restitution of conjugal rights, as the case
may be, has been pronounced.

43. An application for periodical payments or for
securing periodical payments to a wife may be made at any
time after non-compliance with a decree for restitution of
conjugal rights, but where the application is one for the
benefit of children of the marriage and is made by the
guardian of such children or by a person who has obtained
leave to intervene in the cause for the purpose of applying
for custody or who has the custody or control of such
children under an order of the court, he shall first enter an
appearance to the petition in accordance with Form 11.

44. A petitioner, or a respondent if he has entered an
appearance to the petition, may at any time apply for a
modification order.

45. (1) Where a husband is served with a petition in
which alimony pending suit, maintenance of the children,
maintenance or a secured provision is claimed, and enters
an appearance, he shall, within fourteen days after the
expiration of the time limited for appearance, file an
affidavit setting out full particulars of his property and
income.

(2) Where a husband is served with a notice of an
application for alimony pending suit, maintenance of the
children, maintenance, a secured provision, permanent
alimony, periodical payments or for securing periodical
payments to a wife, he shall, within fourteen days after
service of the notice upon him, or if he has not at the time


Form 16.

Permanent
alimony.

Periodical
payments.

Form 11.

Variation of
orders for
alimony, etc.

Evidence on
application for
alimony, etc.

CH.125 – 30] MATRIMONIAL CAUSES






STATUTE LAW OF THE BAHAMAS [Original Service 2001]

of such service entered an appearance, after entering an
appearance and within fourteen days after the expiration
of the time limited for appearance file an affidavit
setting out full particulars of his property and income,
unless in the case of any such application, other than an
application for alimony pending suit, the wife at the time
of service of the application gores notice to the husband
of her intention to proceed with the application upon the
evidence already filed on her application for alimony
pending suit.

(3) Within fourteen days after delivery of any affidavit
by a husband under this rule, the wife may file an affidavit in
reply.

(4) Where a wife is served with a notice of an
application for alimony pending suit, maintenance, a
secured provision, permanent alimony, or periodical
payments, paragraphs (2) and (3) of this rule shall have
effect as if for the references to the husband there were
substituted references to the wife, and for the references to
the wife there were substituted references to the husband.

46. (1) An application for settlement of a wife’s
property or variation of marriage settlements shall state the
nature of the settlement or variation proposed and shall,
unless otherwise directed, be supported by an affidavit by
the petitioner stating the facts relied on in support of the
application. The affidavit shall set out, in the case of an
application for settlement of a wife’s property, full
particulars of the property to which she is entitled either in
possession or reversion, or in the case of an application for
variation of marriage settlements, full particulars of the
marriage, any children of the marriage, all settlements,
whether ante-nuptial or post-nuptial, and of the
funds brought into the settlements by the husband
and the wife.

(2) The application shall, in addition to being served
on the respondent, be served on the trustees of any
settlements and upon such other persons as the Registrar
may direct, and any party so served may, within fourteen
days after such service and after entering an appearance in
accordance with Form 11, file an affidavit in answer.

47. (1) An application for a modification order shall
be supported by an affidavit by the applicant setting out
full particulars of his property and income and the grounds
on which the application is made.

Evidence on
application for
settlement of
wife’s property or
variation of
settlements.

Form 11.

Evidence on
application for
modification
order.

MATRIMONIAL CAUSES [CH.125 – 31






[Original Service 2001] STATUTE LAW OF THE BAHAMAS

(2) The respondent to the application may, within
fourteen days after delivery of the affidavit, and (unless he
is the petitioner in the cause) after entering an appearance,
file an affidavit in answer, but no further evidence shall be
filed by any party without leave.

48. Unless the judge shall otherwise direct, an
appointment shall be fixed for the hearing by the Registrar
of any application for ancillary relief which has not been
dealt with by the judge at the trial. Notice of the
appointment shall be given by the applicant to every other
party to the application who has entered an appearance and
to the petitioner if he is not the applicant, and at the
appointment so fixed the Registrar shall, in the presence of
the parties of their attorneys, investigate the allegations
made in support of and in answer to the application and
may take the oral evidence of witnesses, and may order the
attendance of any person for the purpose of being
examined or cross-examined, and may at any stage of the
proceedings order the discovery and production of any
document or call for further affidavits.

49. In the case of a claim, contained in a petition,
for alimony pending suit, maintenance of the children,
maintenance or a secured provision or of an application
for ancillary relief, other than an application for
settlement of a wife’s property or variation of marriage
settlements where there are children of the marriage,
the Registrar shall, after completing his investigation
under the last foregoing rule, make such order as he
thinks fit, or refer the application or any question
arising therefrom to the judge for his decision and,
pending the final determination of the application, the
Registrar may make an interim order upon such terms
as he may think just.

50. (1) In the case of an application for settlement of
a wife’s property or variation of marriage settlements
where there are children of the marriage, the Registrar
shall, after completing his investigation, report the result
thereof in writing to the judge to whom the application shall be
adjourned.

(2) The Registrar’s report under the last foregoing
paragraph shall be filed and any party shall be entitled to
be supplied with a copy of the report upon payment of the
prescribed fee.

Preliminary
investigation by
Registrar of
application for
ancillary relief.

Applications
heard by
Registrar.

Applications
heard by judge.

CH.125 – 32] MATRIMONIAL CAUSES






STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(3) The judge, upon hearing the application, may
confirm or vary the Registrar’s report or make such other
order as he thinks fit.

51. (1) The petitioner, or (if he has entered an
appearance to the petition for this purpose) the respondent
spouse or the guardian of any children of the marriage or
any person who has obtained leave to intervene in the
cause for the purpose of applying for the custody of, or
who has under an order of the court the custody or control
of, such children may at any time, either before or after
final decree, apply to the judge for an order relating to the
custody or education of the children of the marriage, or for
directions that proper proceedings be taken for placing
such children under the protection of the court.

(2) A petitioner may at any time after filing a petition
in a matrimonial cause, and a respondent spouse may at any
time after entering an appearance apply for access to any
children of the marriage, but an application for access by the
spouse against whom a decree (whether nisi, final or
absolute) has been made, shall be made to the judge, unless
the other party consents to give access to the children and
the only question for determination is the extent to which
access shall be given.

52. On any application under these Rules relating to
any children of a marriage, there shall, if there are any
proceedings relating to such children in progress in the
Supreme Court, be filed a statement as to the nature of
those proceedings.

53. (1) An application by a wife who alleges that her
husband has been guilty of wilful neglect to provide
reasonable maintenance for her or the infant children of the
marriage shall be made by originating summons in
accordance with Form 17.

(2) There shall be filed in support of the summons an
affidavit by the applicant which shall state —

(a) the names of the parties to the marriage, the
place and date of the marriage and the name and
status of the applicant before the marriage;

(b) the names and dates of birth or ages of any living
children of the marriage and the place where and
the person with whom such children are residing;

(c) whether there have been in any court any, and if
so what, previous proceedings, with reference to


Custody of and
access to
children.

Information as to
other
proceedings
relating to
children.

Applications in
case of wilful
neglect to
maintain.

Form 17.

MATRIMONIAL CAUSES [CH.125 – 33






[Original Service 2001] STATUTE LAW OF THE BAHAMAS

the marriage or the children of the marriage by
or on behalf of either of the parties to the
marriage or any other person, the date and effect
of any decree or order made in such
proceedings, and, in the case of proceedings
with reference to the marriage, whether there has
been any resumption of cohabitation since the
making thereof;

(d) particulars of the alleged wilful neglect by the
husband to provide reasonable maintenance for
the applicant or the infant children of the
marriage and whether the husband is or has
been making any, and if so what, payments to
the applicant by way of maintenance for herself
or the infant children;

(e) the means of the applicant and of her husband in
so far as they are within the applicant’s knowl-
edge or belief;

(f) whether application is made for an order that the
husband do secure the payments prayed for by
the applicant; and

(g) the facts upon which it is claimed that the court
has jurisdiction to entertain the proceedings.

(3) The copy of the summons for service on
respondent shall be accompanied by a form of acknowl-
edgement of service in accordance with Form 3 and a
memorandum of appearance in duplicate in accordance
with Form 12, with such modifications as the case may
require.

(4) If the respondent enters an appearance to the
summons, he shall, within fourteen days after the
expiration of the time limited for appearance, file an
affidavit in answer to the application, setting out the
grounds on which he intends to contest the application and
containing in a schedule full particulars of his property and
income.

(5) Where the respondent’s affidavit alleges adultery,
a copy of the affidavit (but omitting the schedule referred to
in the last foregoing paragraph) shall, unless otherwise
directed, be served on the alleged adulterer, together with a
notice of proceedings in accordance with Form 5, a form of
acknowledgement of service in accordance with Form 3 and
a memorandum of appearance in duplicate in accordance
with Form 6, with such modifications as the

Forms 3 and 12.

Forms 3, 5 and 6.

CH.125 – 34] MATRIMONIAL CAUSES






STATUTE LAW OF THE BAHAMAS [Original Service 2001]

case may require, and the alleged adulterer shall be entitled
to appear and intervene in the proceedings.

(6) The provisions of rules 8 and 9 relating to
service of petitions shall apply to service of a copy of an
affidavit under the last foregoing paragraph. If the person
named as an adulterer does not enter an appearance or
return an acknowledgement of service to the respondent or
his attorney (which acknowledgement shall be lodged with
the Registrar) such person shall, except where the
provisions of rule 9(4) have been complied with, be shown
by means of an affidavit in accordance with Form 10 (with
such modifications as the case may require) to have been served
with the copy of the affidavit personally or in accordance
with an order for substituted service.

(7) Any person named as an adulterer in the
respondent’s affidavit who has entered an appearance and
who wishes to defend all or any charges made in the
affidavit shall, within fourteen days after the expiration of
the time limited for the entry of appearance, file an
affidavit in answer by sending it by pre-paid post to, or by
leaving it at, the Registry:

Provided that it shall not be necessary to file an
affidavit in answer if the memorandum of appearance
indicates an intention to deny the charge of adultery but
not to defend on any other ground.

Where the person named as an adulterer has entered
an appearance, his name shall appear thereafter in the title
of the application.

(8) Within fourteen days after receiving the
respondent’s affidavit the applicant may file an affidavit in
reply and shall, within twenty-four hours after filing the
affidavit, deliver a copy thereof to any person named as an
adulterer in the respondent’s affidavit in addition to the
copy required by rule 12(2) to be delivered to the
respondent. No further affidavits may be filed without
leave.

(9) When all the affidavits have been filed, a time and
date shall be fixed for the hearing of the summons before the
judge in court and the applicant shall, unless otherwise
directed, serve notice thereof in accordance with Form 18
on any party who has entered an appearance.

Form 10.

Form 18.

MATRIMONIAL CAUSES [CH.125 – 35






[Original Service 2001] STATUTE LAW OF THE BAHAMAS

(10) On the hearing of the application the judge may
make such order as he thinks fit, or may refer the
application to the Registrar for an investigation into the
means of the parties to the marriage and, pending the final
determination of the application, the judge may make an
interim order upon such terms as he may think just.

(11) Where an application is referred to the Registrar
under the last foregoing paragraph, he shall fix an
appointment for the hearing of the application and the
provisions of rules 48 and 49 shall apply to the proceedings
before the Registrar as if the application were an
application for ancillary relief, except that where the judge
has not made a finding as to the shall not make an order but
shall, after completing his investigation, report thereon in
writing to the judge respondent’s wilful neglect to
maintain, the Registrar.

(12) Every report made by the Registrar under the
last foregoing paragraph shall be filed and the parties shall
be entitled to be supplied with a copy upon payment of the
prescribed fee.

(13) When the Registrar has not made an order on the
application, the applicant shall, after the Registrar’s report
has been filed, apply for a date and time to be fixed for the
continuance of the hearing before the judge and notice
thereof in accordance with Form 18 shall, unless otherwise
directed, be served by the application on any party who
has entered an appearance.

(14) An application to discharge, modify or suspend
an order made under this rule shall be made to and dealt
with by the Registrar in the same manner as an application
for a modification order under these Rules.

(15) A wife may apply for security for her costs of an
application under this rule when all the affidavits have
been filed and the Registrar shall ascertain what is a
sufficient sum of money to cover those costs, and if, after
taking all the circumstances into account, including the
means of the husband and the wife, he considers that the
husband should provide security for all or some of the
wife’s cost of and incidental to the application, he may
order the husband to pay the sum so ascertained, or some
portion of it, into court, or to give security therefor within
such time as he may fix.

(16) The provisions of rules 9, 10, 11, 12, 13, 14, 23
and 34 shall apply to an application under this rule as if it


Form 18

CH.125 – 36] MATRIMONIAL CAUSES






STATUTE LAW OF THE BAHAMAS [Original Service 2001]

were a matrimonial cause and as if the originating
summons were a petition and the applicant were the
petitioner.

PART VII
SUPPLEMENTARY PROCEDURAL

PROVISIONS
54. The name of the cause or matter and of the person

taking out a summons shall be endorsed on the summons, and
a copy thereof shall be served on the party to whom the
summons is addressed or on his attorney at least two
clear days before the summons is returnable.

55. The party taking out a summons shall, at the
time appointed therein, attend with the original summons at
the place appointed for hearing. If any party to the
summons does not attend within a reasonable time after the
time appointed, the judge or the Registrar, as the case may
be, may proceed in his absence upon being satisfied by
affidavit or otherwise that such party had due notice of
the time appointed.

56. A party may appeal from an order or decision of
the Registrar to the judge in chambers by summons to be
issued within seven days of the order or decision
complained of and returnable on the first day on which
summonses are heard after that period has elapsed, but the
appeal shall not, unless otherwise ordered, act as a stay of
the order or decision complained of.

57. An application for attachment or committal shall
be made to the judge, and any person attached or
committed may apply to the judge for his discharge.

58. (1) In default of payment to any person of any
sum of money at the time appointed by any order of the
court for the payment thereof, a writ of fieri facias,
sequestration, or elegit shall be sealed and issued as of
course out of the Registry upon an affidavit of service of
the order and of non-payment.

(2) A decree or order requiring a person to do an act
thereby ordered shall state the time within which the act is
to be done, and the copy to be served upon the person
required to obey the same shall be endorsed with a notice


Service of
summons.

Hearing of
summons.

Appeals from
Registrar.

Attachment and
committal.

Enforcement of
orders.

MATRIMONIAL CAUSES [CH.125 – 37






[Original Service 2001] STATUTE LAW OF THE BAHAMAS

in accordance with Form 19 and shall be served personally
on that person (the original decree or order or a copy issued
by the court being produced to him at the time of
service) or shall be delivered to his attorney.

(3) Where a party who has been ordered to lodge
damages in court fails to do so in accordance with the
order, the party in whose favour the order was made may at
any time apply to the judge to vary the order by directing
the payment of such damages to an individual to be
specified in the application and the judge may, if satisfied
that in the circumstances it is just and equitable to do so,
vary the order accordingly upon an undertaking by that
individual to lodge the damages in court or otherwise deal
with them, as and when received, as the judge may direct.
If the application is made after decree absolute or other
final decree the judge may, if satisfied as aforesaid,
dispense with the undertaking.

(4) Where a party who has been ordered to pay
costs into court falls to do so in accordance with the order,
the party in whose favour the order was made may apply to
the Registrar to vary the order by directing payment to an
individual to be specified in the application and the
Registrar may, if satisfied that in the circumstances it is
just and equitable to do so, vary the order accordingly, so
however that, if the application is made before decree
absolute, the order shall be made only upon an undertaking
by the said individual to pay the costs into court as
and when received.

59. (1) Except as otherwise provided by these Rules
and unless the judge shall otherwise direct, five clear days’
notice of any motion to be made to the court, other than an
ex parte motion, shall be served on all parties who may
be affected by the proposed order.

(2) A copy of the notice shall be filed in the
Registry, and the affidavits to be used in support of the
motion and the original documents referred to therein or
intended to be used at the hearing of the motion shall at the
same time be lodged in the Registry. Copies of all such
affidavits or documents shall be delivered upon request to the
parties who are entitled to be heard on the motion.

60. (1) An infant or a person of unsound mind may
commence and prosecute any cause or make any applica-
tion to which these Rules apply by his next friend and may

Form 19.

Motions.

Infants and
persons of
unsound mind.

CH.125 – 38] MATRIMONIAL CAUSES






STATUTE LAW OF THE BAHAMAS [Original Service 2001]

defend or intervene in any such cause by his guardian ad
litem, and, except as otherwise provided by this rule, no
appointment of a guardian ad litem shall be necessary.

(2) Before the name of any person is used in any
proceedings as next friend the attorney for the infant or
person of unsound mind shall obtain a written authority
signed by that person. The authority shall be attested by an
attorney, who shall certify that the proposed next friend has
no interest in the proceedings adverse to that of the
infant or person of unsound mind.

(3) Where in any cause to which these Rules apply
any document is required to be served and the person on
whom service is to be effected is an infant, the document
shall, unless otherwise directed, be served on the father or
guardian of the infant, or, if he has no father or guardian,
upon the person with whom he resides or under whose care
he is, and service so effected shall be deemed good service
on the infant, so however that the Registrar may order that
service effected or to be effected on the infant shall be
deemed good service.

(4) Where a person entitled to defend or intervene in
any cause to which these Rules apply is of unsound mind,
the Registrar shall, if he consents, be the guardian ad litem
of that person:

Provided that at any stage of the proceedings an
application may be made on not less than four days’ notice
to the Registrar for the appointment of some other person
as guardian.

(5) Where in any such cause any document is
required to be served and the person on whom service is
to be effected is of unsound mind, then, unless otherwise
directed, that document shall, if the Registrar has
consented to act as guardian ad litem, be served on him
and shall, in any other case, be served upon the person
with whom the person of unsound mind resides or under
whose care he is, and service so effected shall be deemed
good service upon the person of unsound mind.

(6) Any document served in accordance with
paragraph (5) of this rule shall be endorsed with a notice
that the contents or purport of the document shall be
communicated to the person of unsound mind to whom it
relates unless the person on whom the document was
served is satisfied, after consultation with the medical


MATRIMONIAL CAUSES [CH.125 – 39






[Original Service 2001] STATUTE LAW OF THE BAHAMAS

attendant of the person of unsound mind or the medical
officer of the institution in which the person of unsound
mind is, that the communication would be detrimental to
the mental condition of the person of unsound mind, and,
in a case where any order has been made under section 29
of the Supreme Court Act, in respect of the person of
unsound mind, appointing a committee or receiver of any
similar order under the Mental Health Act, the document
shall be endorsed with a further notice that the contents or
purport of the document shall be communicated to the
committee or receiver so appointed.

(7) After service of any document has been effected
on a person of unsound mind in accordance with the last
foregoing paragraph, the party at whose instance the
document was served shall, unless otherwise directed, file
an affidavit made by the person with whom the person of
unsound mind resides or under whose care he is, stating
whether or not the contents or purport of the document
were communicated to the person of unsound mind and, if
not, giving the reasons why the contents or purport were
not so communicated.

(8) Where a person entitled to defend or intervene in
any cause to which these Rules apply is of unsound mind
and is detained in pursuance of any such order, under the
Mental Health Act, and not otherwise, the Registrar shall
be the guardian ad litem of that person:

Provided that at any stage of the proceedings an
application may be made on not less than four days’ notice
to the Registrar for the appointment of some other person
as guardian.

(9) In every other case in which a petition, answer
or originating summons has been served on a person whom
there is reasonable ground for believing to be a person of
unsound mind, the party at whose instance the petition,
answer or originating summons was served shall, before
proceeding further with the cause, apply for an order that a
guardian ad litem be assigned by whom such person may
appear and defend or intervene in the proceedings, and on
such application the Registrar may, if he considers it
necessary for the proper protection and representation of
such person, order that some proper person be assigned
guardian ad litem.

Ch. 53.

Ch. 230.
5 of 1987, Sch.

Ch. 230.
5 of 1987, Sch.

CH.125 – 40] MATRIMONIAL CAUSES






STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(10) An attorney (not being the Registrar), or other
person seeking to enter an appearance on behalf of an
infant or person of unsound mind shall file an affidavit of
fitness in accordance with Form 16, and in the case of a
person of unsound mind shall, if and order has been made
under section 29 of the Supreme Court Act or any similar
order has been made under the Mental Health Act, in
respect of that person, exhibit thereto a certificate of the
judge that he approves the proposed guardian, or, if no
such order has been made with respect to that person, lodge
with the affidavit a note from the judge under his
hand to that effect.

(11) Where a petition is filed for nullity of marriage
on the ground that the respondent was at the time of the
marriage of unsound mind or a mental defective, or subject
to recurrent fits of insanity or epilepsy the applicant or
petitioner shall not proceed with the cause without leave,
whether an appearance is entered or not, and the Registrar
may, if he considers that the respondent is not properly
represented or ought to be represented, order that some
proper person be assigned guardian of the respondent by
whom he may appear and defend the cause.

PART VIII
COSTS AND TAXATION

61. (1) After the Registrar’s certificate under rule 30
has been granted, or, with leave, at an earlier stage of the
cause, a wife who is a petitioner or who has filed an answer
may apply for security for her costs of the cause up to the
hearing, and of and incidental to the hearing.

(2) At the hearing of an application for a commission
or for letters of request or for the appointment of a special
examiner to examine a party or witness who is outside the
jurisdiction of the court, or at any time after such an
examination is granted, a wife who is a petitioner or who has
entered an appearance to a petition may apply for security for
her costs of an incidental to the examination.

(3) Where an application for security has been
made under this rule, the Registrar shall ascertain what is
a sufficient sum of money to cover the costs of the wife,
and if, after taking all the circumstances into account,
including the means of the husband and the wife, he
considers that the husband should provide security for all
or some of the wife’s costs, he may order the husband to

Form 16.

Ch. 53.
Ch. 230.

5 of 1987, Sch.

Security for
wife’s costs.

MATRIMONIAL CAUSES [CH.125 – 41






[Original Service 2001] STATUTE LAW OF THE BAHAMAS

pay the sum so ascertained or some portion of it, into court
or to give security therefor within such time as he may fix,
and may direct a stay of the proceedings until the order is
complied with.

(4) The bond taken to secure the costs of a wife
under this rule shall be given to the Registrar by his name
and shall be filed and shall not be delivered out or sued upon
without his leave.

62. (1) Every bill of costs shall be referred to the
Registrar for taxation and shall be taxed by him. The bill
shall be filed and notice of the time appointed for taxation
shall be given to the party filing the bill who shall give the
other parties to be heard on the taxation at least three clear
days’ notice of the appointment, and shall at the same time,
if he has not already done so, deliver to them a copy
of the bill to be taxed.

(2) If any party to be heard on the taxation does not
attend within a reasonable time after the time appointed,
the Registrar may proceed to tax the bill upon being
satisfied by affidavit or otherwise that such party had due
notice of the time appointed.

(3) In any cause or matter to which these Rules
apply the costs allowed to attorneys and the taxation of
such costs shall, except where these Rules otherwise
provide, be in accordance with the provisions of the Rules
of the Supreme Court of England so far as the same are
applicable notwithstanding any provision to the contrary
in the Supreme Court Rules.

(4) The fees payable on taxation shall be paid by the
party on whose application the bill is taxed and shall be
allowed as part of the bill.

63. (1) Upon the Registrar’s certificate as to costs
being signed, an order of the court may issue for payment
of the amount allowed within seven days after service of
the order or such other time as the Registrar may direct.

(2) An order for payment of costs contained in a
decree nisi, if drawn up before the decree is made absolute,
shall direct payment into court, and, unless otherwise
directed, such costs shall not be paid out of court until the
decree has been made absolute, but a wife who is
unsuccessful in a cause and who at the time has obtained
an order for costs may proceed forthwith to obtain
payment of the amount allowed on taxation.

Taxation.

Payment of costs.

CH.125 – 42] MATRIMONIAL CAUSES






STATUTE LAW OF THE BAHAMAS [Original Service 2001]

64. A person entitled to payment of money out of
court shall, on applying for payment, lodge in the Registry
a form in writing setting out the date on which the money
applied for was paid into court, the amount applied for,
and the name and address of the person to receive it.

PART IX
DECLARATIONS OF LEGITIMACY

65. (1) A petition under section 17 of the English
Act shall, in addition to stating the grounds on which the
petitioner relies, set out the date and place of birth of the
petitioner and the maiden name of his mother, and, if the
petitioner is known by a name other than that which
appears in the certificate of his birth, that fact shall be
stated in the petition and in any decree made thereon, and
shall be filed in the Registry.

(2) The petition shall be supported by an affidavit
by the petitioner verifying the facts of which he has
personal knowledge and deposing as to belief in the truth
of the other facts. The affidavit shall be contained in the
same document as the petition and shall follow at the foot or end
thereof.

(3) When the petition has been filed, notice of filing
shall be given by the petitioner to the Attorney-General,
who may within eight days enter an appearance to the
petition.

(4) After the expiration of the time limited for
appearance by the Attorney-General, the petitioner shall
issue and serve upon the Attorney-General an application
for directions as to what parties other than the Attorney-
General shall be served with the petition. Such application
shall be supported by an affidavit setting out particulars of
all persons whose interests may be affected by the
legitimation of the petitioner, and their relationship to
the petitioner.

(5) The petitioner shall serve the persons directed to
be served with a copy of the petition, endorsed with a
notice to appear in accordance with Form 20 and a form of
acknowledgement of service in accordance with Form 3
and a memorandum of appearance in duplicate in
accordance with Form 11. Service shall be effected and
proof of service shall be given in the manner provided for


Payment of
money out of
court.

Legitimacy
proceedings.

Forms 3, 11 and
20.

MATRIMONIAL CAUSES [CH.125 – 43






[Original Service 2001] STATUTE LAW OF THE BAHAMAS

by rules 8, 9 and 10 in the case of service of a copy of a
petition on a respondent. Such persons may enter an
appearance to the petition by filing a memorandum of
appearance in duplicate in accordance with Form 11 within
the time limited for the purpose and may within fourteen
days thereafter file an answer to the petition. A copy of the
answer shall be delivered to the petitioner or his
attorney and to the Attorney-General.

(6) The Attorney-General shall, within fourteen days
after the order for directions has been made, file his answer
to the petition and deliver a copy thereof to the petitioner
or his attorney.

(7) Where it appears that more than one petition has
been filed on behalf of petitioners claiming to be children
of the same father and mother, the Attorney-General may,
on giving notice to the petitioner or his attorney in each
proceeding which it is sought to consolidate, apply at any
time after he has entered an appearance for an order that
the proceedings be consolidated.

PART X
MISCELLANEOUS

66. Wherever a magistrate makes a maintenance
order the clerk of the court shall draw up the order in a
form to be prescribed by the judge; one of such copies shall
be filed in the court making the order and a copy given to
each of the parties. Certified copies of such orders shall be
supplied to any person on demand and on payment of the
prescribed fee.

67. Rule 1 of Order 15 of the Rules of the Supreme
Court of England shall not apply to any cause or matter to
which these Rules apply.

68. Subject to the provisions of these Rules and of
any enactment, the Rules of the Supreme Court of England
shall notwithstanding the provisions of rule 1(3) of Order 1
thereof, apply with the necessary modifications to the
practice and procedure in any cause or matter to which
these Rules apply.

69. These Rules shall apply to any cause or matter
which is pending at the date on which these Rules come
into operation subject to such directions as the judge or the
Registrar may think fit to give.

Maintenance
orders.

Time.

Application of
Rules of the
Supreme Court
of England.

Application to
pending
proceedings.

CH.125 – 44] MATRIMONIAL CAUSES






STATUTE LAW OF THE BAHAMAS [Original Service 2001]

70. The Registrar shall have and exercise all the
powers and jurisdiction which may be necessary to
perform the duties imposed upon him by these Rules.

71. The Court fees set out in the second column of
the Schedule hereto shall be charged for the various matters
particulars of which are set out opposite thereto in the first
column of the said Schedule.

SCHEDULE 1

FORM 1 (Rule 3)
NOTICE OF APPLICATION FOR ANCILLARY RELIEF

BAHAMA ISLANDS.
IN THE SUPREME COURT
Divorce and Matrimonial Side.
In the Matter of a Petition by ................................ for (here set
out particulars of the matrimonial cause in which the
application is made.)
To ......................................... of .................................................

TAKE NOTICE that the petitioner (respondent) intends to
apply to the Court for an order that (here set out the ancillary
relief claimed).
(Insert here in appropriate cases the contents of Form 7 and/or 9).

THIS NOTICE is issued by (state name and address of
applicant or attorney.)

Dated the .......................... day of ............................., 19......

FORM 2 (Rules 7 & 15)

NOTICE OF PETITION
(Respondent Spouse)

BAHAMA ISLANDS.
IN THE SUPREME COURT
Divorce and Matrimonial Side.
To:

TAKE NOTICE that a Petition has been presented to the
Supreme Court by .................................................

A copy of it is delivered with this Notice.


Powers and
jurisdiction of the
Registrar.

Court fees.

Schedule.

MATRIMONIAL CAUSES [CH.125 – 45






[Original Service 2001] STATUTE LAW OF THE BAHAMAS



You must complete the accompanying Form of Acknowl-
edgement of Service and send it to ....................................... (the
attorney for) 2(1) the Petitioner, at (address) .............................

If you do not intend to answer the charges, nor to be heard on the
other claims made in the Petition, and if you do not wish to make any
application on your own account, you need not do anything more
than send the Form of Acknowledgement of Service to the above
address. The Court may then, without further notice to you, proceed
to hear the Petition and pronounce judgment, notwithstanding your
absence.

If you wish to be heard on any matter in connection with
the Petition you (or your attorney) must complete the
accompanying Memorandum of Appearance in duplicate
and send or deliver both copies (without fee) so as to reach
the Registry within eight days 3(2) after you received this
NOTICE. You (or your attorney) will receive notice of the
case being set down for hearing. When the case is heard,
you must attend the hearing.

If you wish to defend the case at the hearing, you (or your
attorney) must, in addition to sending the Memorandum of
Appearance send or deliver an Answer in writing together with a fee
of 50c., so as to reach the Registry within fourteen days after the time
allowed for sending the Memorandum of Appearance. You (or your
attorney) must at the same time send a copy of your Answer to (the
attorney for) 4(3) the Petitioner.

5(4) If you wish to oppose the claim for alimony,
maintenance of the children, maintenance or a secured
provision, you (or your attorney) must, in addition to sending
the Memorandum of Appearance, also send or deliver, so as
to reach the Registry within fourteen days after the time
allowed for sending the Memorandum or Appearance, an
affidavit (which must be sworn before a Notary Public)
giving full particulars of your property and income, together
with a fee of 50c. You (or your attorney) must at the same
time send a copy of your affidavit to (the attorney for) 6(5) the
Petitioner. If you wish to allege that your wife has property or
income you should say so in your affidavit.

NOTE: If you intend to instruct an attorney to act for you in these
proceedings you should at once complete and sign the Form of
Acknowledgement of Service and then give him all the documents
which have been served upon you, so that he may take the
necessary steps on your behalf within the times specified.

Dated the .................... day of ..............................., 19 ........
The Registrar,
The Registry,

Nassau, Bahamas.


2 Delete if not applicable.
3 Or as the case may be.
4 Delete if not applicable.
5 Delete or amend this paragraph as necessary.
6 Delete if not applicable.

CH.125 – 46] MATRIMONIAL CAUSES






STATUTE LAW OF THE BAHAMAS [Original Service 2001]

FORM 3
ACKNOWLEDGEMENT OF SERVICE

BAHAMA ISLANDS.
IN THE SUPREME COURT
Divorce and Matrimonial Side.

Between ................................................................ Petitioner
and ..................................................................... Respondent
and ..................................................................Co-respondent

I am the person named as .................................. in the Petition 7.
I received on the .................. day of ........................., 19 ......., at
(place of receipt)

1. A copy of the Petition 8( filed in this case.
2. Notice of Petition/Proceedings 9.
3. Memorandum of Appearance in duplicate 10.
(Signed) ..........................................
Dated the ........................... day of ............................, 19 ....

To (the Petitioner or the Respondent or his Attorney).

FORM 4
MEMORANDUM OF APPEARANCE

(Respondent Spouse)
BAHAMA ISLANDS.
IN THE SUPREME COURT
Divorce and Matrimonial Side.

Between ................................................................ Petitioner
and ..................................................................... Respondent
and ..................................................................Co-respondent
1. Have you received and read the Petition for divorce 11 by

your wife/husband 12(2) and the Notice of Petition which
are delivered with this Form?

2. On what date and at what address did you receive them?



7 Or as the case may be.
8 Or as the case may be.
9 Delete whichever is not applicable.
10 Delete if not applicable.
11 Or as the case may be.
12 Delete whichever is not applicable.

MATRIMONIAL CAUSES [CH.125 – 47






[Original Service 2001] STATUTE LAW OF THE BAHAMAS



3. Are you the person named as in the Petition?
4. Do you intend to defend the case at the hearing?
(Answer “Yes” or “No”.)
5. Even if you do not wish to defend the case:

A 13(3) B
Do you wish to be heard as
to other claims made in the
Petition, namely:14

Do you wish to make any
application on your own ac-
count, namely:

(1) Costs. (1) Access to the children.
(2) Custody of the children. (2) Custody of the children.
(3) Maintenance of the children. (3) Maintenance of the chil-

dren.
(4) Alimony. (4) Alimony.
(5) Maintenance. (5) Maintenance.
(6) A secured provision.

(Answer “Yes” or “No” against each item.)
6. What is your address to which communications should

be sent? (It must be within two miles of the Law Courts, Nassau.)
Dated the ................................... day of ......................, 19........

(Signed) 15...............................................
NOTE: If you intend to instruct an attorney to act for you

in these proceedings, give this form to him. In any event, leave the
space below blank.

(To be completed only by the Respondent’s attorney.)
On the instruction of my/our client, I enter an appearance

in the terms of the above Memorandum, for ...........................
Respondent in this cause.

(Signed) 16..........................................................................
(Address for Service) ..........................................................
..............................................................................................
..............................................................................................
NOTE: If this Form is used, both copies must be completed

and sent to the Registry.



13 To be struck out or altered if not applicable.
14 NOTE:-The fact that no claim under any of these heads is made in the petition does

not means that such a claim may not be made later.
15 To be signed by the Respondent only if an attorney is not being instructed.
16 To be signed by the Respondent only if an attorney is not being instructed.

CH.125 – 48] MATRIMONIAL CAUSES






STATUTE LAW OF THE BAHAMAS [Original Service 2001]

FORM 5
NOTICE OF PROCEEDINGS

(Co-respondent, party cited or person named)
BAHAMA ISLANDS.
IN THE SUPREME COURT
Divorce and Matrimonial Side.
To:

TAKE NOTICE that in proceedings in the Supreme Court by
....................... for divorce 17 it has been alleged that you have
committed adultery 18 with .................................................. A copy
of the Petition 19 is delivered with this Notice.

You must complete the accompanying Form of
Acknowledgement of Service and send it to ..............................
(the attorney for) 20 the Petitioner 21 at .........................................

If you do not intend to answer the charges, nor to be heard on
the other claims made in the Petition 22, you need not do anything
more than send the Form of Acknowledgement of Service to the
above address. The Court may then, without further notice to you,
proceed to hear the Petition 23 and pronounce judgment,
notwithstanding your absence.

If you wish to be heard on any matter in connection with the
Petition 24, you (or your attorney) must complete the accompanying
Memorandum of Appearance in duplicate and send or deliver both
copies (without fee) so as to reach the Registry within eight days 25
after you received this Notice.

If you wish to defend the case only by denying the charges of
adultery, or by resisting the claim for damages 26, or if you wish to
be heard only as to costs 27, you need take no further step after
sending the Memorandum of Appearance until the case is heard,
when you must attend the hearing. You (or your attorney) will
receive notice of the case being set down for hearing.

If you wish to defend the case at the hearing on some other
ground, you (or your attorney) must, in addition to sending the
Memorandum of Appearance, send or deliver an Answer in writing,
together with a fee of 50c., so as to reach the Registry within



17 Or as the case may be.
18 Or as the case may be.
19 Or as the case may be.
20 Delete if not applicable.
21 Or as the case may be.
22 Or as the case may be.
23 Or as the case may be.
24 Or as the case may be.
25 Or as the case may be.
26 Delete if not applicable.
27 Delete if not applicable.

MATRIMONIAL CAUSES [CH.125 – 49






[Original Service 2001] STATUTE LAW OF THE BAHAMAS



fourteen days after the time allowed for sending the Memorandum
of Appearance. You (or your attorney) must at the same time send a
copy of your Answer to (the attorney for) 28 the Petitioner 29.

NOTE: If you intend to instruct an attorney to act for you in
these proceedings you should at once complete and sign the Form
of Acknowledgement of Service and then give him all the
documents which have been served upon you, so that he may take
the necessary steps on your behalf within the times specified.

Dated the ......................... day of .............................. , 19 .......

The Registrar,
The Registry,

Nassau, Bahamas.

FORM 6
MEMORANDUM OF APPEARANCE (BY CO-

RESPONDENT, PARTY CITED OR PERSON NAMED)

BAHAMA ISLANDS.
IN THE SUPREME COURT
Divorce and Matrimonial Side.

Between .............................................................. Petitioner
and .................................................................. Respondent
and ...............................................................Co-respondent
1. Have you received and read the Petition 30 by .............

and the Notice of Proceedings which are delivered with this Form?
2. On what date and at what address did you receive them?
3. Are you the person named as ..................................... in the

Petition 31?
4. Do you intend to defend the case by denying the charges of

adultery made against you, and if so, which of them?
5. Do you intend to defend the case on any ground other than a

denial of the charges of adultery made against you?
(Answer “Yes” or “No”.)
6. 32Do you intend only to resist the claim for damages against

you?
(Answer “Yes” or “No”.)




28 Delete if not applicable.
29 Or as the case may be.
30 Or as the case may be.
31 Or as the case may be.
32 Not applicable if no claim for damages.

CH.125 – 50] MATRIMONIAL CAUSES






STATUTE LAW OF THE BAHAMAS [Original Service 2001]



7. 33If you do not intend to defend the case, do you wish to be
heard as to costs?

(Answer “Yes” or “No”.)
8. What is your address to which communications should be

sent?
(It must be in New Providence.)
Dated the ................................... day of ...................., 19......

(Signed 34) .....................................
NOTE: If you intend to instruct an attorney to act for you in

these proceedings, give this form to him. In any event, leave the
space below blank.

(To be completed only by the attorney for the party appearing.)
On the instructions of my/our client, enter an appearance in the

terms of the above Memorandum for ......................................
the.................................................................................in this cause.

(Signed) ..............................................
(Address for Service) ....................................
NOTE: If this Form is used, both copies must be completed and

sent to the Registry.

FORM 7 (Rule 8)
ADDITIONAL NOTICE TO BE INCLUDED IN FORM 1

ONLY IF THERE HAS BEEN NO APPEARANCE TO THE
PETITION

AND FURTHER TAKE NOTICE that you must complete the
accompanying Form of Acknowledgement of Service and send it
to ................................. (the attorney for) 35the applicant, at
(address...........................................................................................)

If you do not intend to oppose the application, you need not do
anything more than send the Form of Acknowledgement of Service
to the above address. The Court may then, without further notice to
you, proceed to hear the application and make such order as it may
think fit, notwithstanding your absence.

If you do wish to be heard on the application you (or your
attorney) must complete the accompanying Memorandum of
Appearance in duplicate and send or deliver both copies (without
fee) so as to reach the Registrar, the Registry, Nassau, Bahamas,
within eight days 36 after you received this Notice.



33 Not applicable if no claim for costs.
34 To be signed by the party appearing only if an attorney is not being instructed.
35 Delete if not applicable.
36 Or as the case may be.

MATRIMONIAL CAUSES [CH.125 – 51






[Original Service 2001] STATUTE LAW OF THE BAHAMAS

FORM 8 (Rules 8 and 13)
MEMORANDUM OF APPEARANCE (LIMITED TO

APPLICATION FOR ANCILLARY RELIEF MADE BY
NOTICE)

BAHAMA ISLANDS.
IN THE SUPREME COURT
Divorce and Matrimonial Side.

Between .............................................................. Petitioner
and ................................................................... Respondent
1. Have you received and read the Notice of Application

for 37 .....................................38 ....................................... which
is delivered with this Form?

2. On what date and at what address did you receive it?
3. Are you the person named as ................. in the Notice?
4. Do you wish to oppose the Applicant’s claim for 39

....................................................................................................
5. What is your address to which communications should be

sent? (It must be within two miles of the Law Courts, Nassau.)
Dated the ........................... day of ..........................., 19 ....

(Signed) 40 ......................................
NOTE: If you intend to instruct an attorney to act for you in

these proceedings, give this Form to him. In any event, leave the
space below blank.

(To be completed only by the Respondent’s attorney.)
On the Instructions of my/our client, enter an appearance in the

terms of the above Memorandum, for .............................................
the Respondent in this cause.

(Signed) ..............................................................................
(Address for Service) ........................................................
NOTE: If this Form is used, both copies must be completed

and sent to the Registry.
FORM 9 (Rule 8)

NOTICE TO FILE EVIDENCE
AND FURTHER TAKE NOTICE that if you wish to oppose

the application and unless at the time of service hereof upon you (the
attorney for) 41(1) the applicant gives notice to you dispensing




37 Insert nature of ancillary relief claimed.
38 Insert nature of ancillary relief claimed.
39 Insert nature of ancillary relief claimed.
40 To be signed by the Respondent only if an attorney is not being instructed.
41 Delete if not applicable.

CH.125 – 52] MATRIMONIAL CAUSES






STATUTE LAW OF THE BAHAMAS [Original Service 2001]



with this requirement you (or your attorney) must (in addition
to sending the Memorandum of Appearance) 42(2) send or
deliver so as to reach the Registrar, the Registry, Nassau,
Bahamas, within twenty-two days 43(3) after you received this
Notice on affidavit (which must be sworn before a Notary
Public) giving full particulars of your property and income,
together with a fee of 50c. You (or your attorney) must at the
same time send a copy of your affidavit to (the attorney for)
44(1) the applicant. If you wish to allege that the applicant has
property or income, you should say so in your affidavit.

FORM 10 (Rule 53)
AFFIDAVIT OF SERVICE

BAHAMA ISLANDS.
IN THE SUPREME COURT
Divorce and Matrimonial Side.

Between .............................................................. Petitioner
and ................................................................... Respondent
and ................................................................Co-respondent
I, ......................... of ......................... make oath and say:—
1. That a copy of the (petition, originating summons or

notice) bearing date the ........ day of ..............., 19 ......, filed in
this Court together with a Memorandum of Appearance in
duplicate. Notice of Petition/Proceedings 45(1) and Form of Acknowl-
edgement of Service was duly served by me on ..............................
the ................... in this case at .................................... on the
............... day of ..................., 19 ............, by delivering to the
said ......................................... personally a copy thereof.

(Means of knowledge of identity of the person served must be
inserted here.)

SWORN etc.



42 Delete if appearance has been entered.
43 Or as the case may be, and substitute “Fourteen days” if appearance has already

been entered.
44 Delete if not applicable.
45 Delete whichever is not applicable.

5 of 1987, s. 2.

MATRIMONIAL CAUSES [CH.125 – 53






[Original Service 2001] STATUTE LAW OF THE BAHAMAS

FORM 11
MEMORANDUM OF APPEARANCE

BAHAMA ISLANDS.
IN THE SUPREME COURT
Divorce and Matrimonial Side.

Between .............................................................. Petitioner
and ................................................................... Respondent
and ................................................................Co-respondent
Enter an appearance (in person) 46(1) for ..........................

the respondent 47 in this cause.
(Signed) ..................... of ............................... whose address

for service is ............................................................................. 48
Dated the ......................... day of ..........................., 19 ........


FORM 12 (Rules 13 and 53)

NOTICE OF ENTRY OF APPEARANCE

BAHAMA ISLANDS.
IN THE SUPREME COURT
Divorce and Matrimonial Side.

Between .............................................................. Petitioner
and ................................................................... Respondent
and ................................................................Co-respondent
TAKE NOTICE that an appearance has been entered in the

above Registry on your behalf to the petition filed in this case (state
whether the appearance is general or limited to any particular
relief).

TAKE NOTICE further that any order, notices, copies of
pleadings or other instruments which are required to be served on
or delivered to you but of which personal service is not required
may be served or delivered by the petitioner’s attorney by leaving
them at or sending them by post to you at the address for service
given by you, namely ................................

Dated the ................ day of ......................................, 19 .......
The Registrar,
The Registry,

Nassau, Bahamas.



46 If such is the case.
47 Or as the case may be.
48 The address must be within two miles of the Law Courts, Nassau.

CH.125 – 54] MATRIMONIAL CAUSES






STATUTE LAW OF THE BAHAMAS [Original Service 2001]

FORM 13 (Rule 37)
NOTICE OF APPLICATION FOR DECREE NISI TO BE

MADE ABSOLUTE
BAHAMA ISLANDS.
IN THE SUPREME COURT
Divorce and Matrimonial Side.

Between .............................................................. Petitioner
and ................................................................... Respondent
and ................................................................Co-respondent
I (full name and description) .........................................

attorney for the petitioner 49(1) give notice that application is
hereby made on behalf of the petitioner 50(1) that the decree nisi
pronounced in this cause on the ........ day of ...............................
19 ........., be made absolute.

(Signed) ...............................................................................
Dated the ................ day of ....................................., 19 .....


FORM 14 (Rule 37)

CERTIFICATE OF MAKING DECREE NISI ABSOLUTE
(NULLITY)

BAHAMA ISLANDS.
IN THE SUPREME COURT
Divorce and Matrimonial Side.

Between .............................................................. Petitioner
and ................................................................... Respondent
Referring to the decree made in this Cause on the ....... day of

..................................., 19 ........ whereby it was ordered that the
Marriage in fact had and solemnised on the .............. day of
..............................., 19 ........, at .....................................
between ............................ the Petitioner and the Respondent be
pronounced and declared to have been and to be absolutely null
and void to all intents and purposes in law whatsoever by reason
..............................................................., and the said Petitioner
............................................. be pronounced to have been and to
be free of all bond of Marriage with the said Respondent
.............................................. unless sufficient cause be shown to
the Court within ............................ months from the making
thereof why the said Decree should not be made absolute, and
no such cause having been shown, it is hereby certified that the said
Decree was on the ............. day of ..............................., 19 .......,




49 Or respondent.
50 Or respondent.

MATRIMONIAL CAUSES [CH.125 – 55






LRO 1/2008 STATUTE LAW OF THE BAHAMAS



made final and absolute and that the said Marriage was
absolutely null and void and that the said Petitioner was and is
free from all bond of Marriage with the said Respondent.

Dated the ................ day of ..............., 19 ....

FORM 15 (Rule 37)
CERTIFICATE OF MAKING DECREE NISI ABSOLUTE

(DIVORCE)
BAHAMA ISLANDS.
IN THE SUPREME COURT
Divorce and Matrimonial Side

Between .............................................................. Petitioner
and ................................................................... Respondent
and ................................................................Co-respondent
Referring to the decree made in this Cause on the ......... day of

.................., 19 ........, whereby it was decreed that the Marriage
had and solemnised on the ..................... day of ........................,
19 ........, at ........................... between ............................. the
Petitioner and .................................................... the Respondent
be dissolved by reason that ........................................ unless
sufficient cause be shown to the Court within three months
from the making thereof why the said Decree should not be
made absolute, and no such cause having been shown, it is
hereby certified that the said Decree was on the ............. day of
......................., 19 ............, made final and absolute and that the
said Marriage was thereby dissolved.

Dated the................day of........................................., 19......

FORM 16 (Rules 41 and 60)
AFFIDAVIT OF FITNESS OF GUARDIAN AD LITEM

BAHAMA ISLANDS.
IN THE SUPREME COURT
Divorce and Matrimonial Side.

Between .............................................................. Petitioner
and ................................................................... Respondent
and ................................................................Co-respondent
I, ...................... of ...................... make oath and say as

follows:—
1. I am well acquainted with A.B. of ............................ and

verily believe that he is a fit and proper person to act as guardian ad
litem of the respondent 51(1) in this cause. The consent of the said A.B.
to act as such guardian is hereto annexed.



51 Or as the case may be.

CH.125 – 56] MATRIMONIAL CAUSES






STATUTE LAW OF THE BAHAMAS LRO 1/2008



2. The said A.B. has no interest in the matters in question
in this cause adverse to that of the said
.........................................

SWORN at etc.

FORM 17 (Rule 53)
ORIGINATING SUMMONS UNDER RULE 53

BAHAMA ISLANDS.
IN THE SUPREME COURT
Divorce and Matrimonial Side.

In the Matter of an Application by A.B. under section 31 of
the Matrimonial Causes Act (Ch. 125).

Let C.D. of (full address) .............................................
within eight days 52(1) after service of this summons on him,
inclusive of the day of such service, cause an appearance to be
entered for him to this summons, which is issued upon the
application of A.B. who claims that he the said C.D., being the
lawful husband of the applicant, has wilfully neglected to provide
reasonable maintenance for her (and the infant children of the
marriage) 53(2) and prays that he be ordered to make to her such
payments for her maintenance (and the maintenance of the said
infant children) 54(2) as may be just (and that he be further ordered
to secure such payments) 55.

Dated the ................ day of ..........................., 20....
This Summons was taken out by .....................................

attorney for the above-named A.B.
To C.D.

TAKE NOTICE:
A copy of the affidavit to be used in support of the

application is delivered herewith.
You must complete the accompanying Form of Acknowl-

edgement of Service and send it to
................................................ (the attorney for) 56(2) the
applicant, at (address) ..................

If you do not intend to oppose the application you need not
do anything more than send the Form of Acknowledgement of
Service


52 Or as the case may be.
53 Delete if not applicable.
54 Delete if not applicable.
55 Delete whichever is not applicable.
56 Delete if not applicable.

MATRIMONIAL CAUSES [CH.125 – 57






[Original Service 2001] STATUTE LAW OF THE BAHAMAS



to the above address. The Court may then, without further notice to
you, proceed to hear the application and make such order as it may
think fit, notwithstanding your absence.

If you wish to be heard on any matter in connection with this
application you (or your attorney) must complete the accompany-
ing Memorandum of Appearance in duplicate and send or deliver
both copies (without fee) so as to reach the Registrar, The Registry,
Nassau, Bahamas within eight days after you received this
Summons.

If you wish to oppose this application you (or your attorney)
must, in addition to sending the Memorandum of Appearance, send
or deliver, so as to reach the Registrar within fourteen days after the
time allowed for sending the Memorandum of Appearance, an
affidavit (which must be sworn before a Notary Public) in answer to
the applicant’s affidavit containing in a Schedule exhibited to the
affidavit full particulars of your property and income, together with a
fee of 50c. You (or your attorney) must at the same time send a copy
of your affidavit to (the attorney for) 57(4) the applicant .

NOTE: If you intend to instruct an attorney to act for you in these
proceedings, you should at once complete and sign the Form of
Acknowledgement of Service and then give him all the documents
which have been served upon you, so that he may take the necessary
steps on your behalf within the time specified.

FORM 18 (Rule 53)
NOTICE OF APPOINTMENT TO HEAR ORIGINATING

SUMMONS UNDER RULE 53

BAHAMA ISLANDS.
IN THE SUPREME COURT
Divorce and Matrimonial Side.
To—

TAKE NOTICE that you are required to attend before
.................................... at the Law Courts, in the City of Nassau
on the ................ day of ........................................, 19 ............,
at .............. o’clock in the ..................... noon, for the adjourned
58(1) hearing of the summons issued herein on the .....................
day of ........................, 19 ........., and that if you do not attend at
the time and place mentioned, such order will be made and
proceedings taken as the judge may think just and expedient.

(Signed) ..............................................................................
Attorney for the Applicant




57 Or as the case may be.
58 Delete if not applicable.

5 of 1987, s. 2.

CH.125 – 58] MATRIMONIAL CAUSES






STATUTE LAW OF THE BAHAMAS [Original Service 2001]

FORM 19 (Rule 58)
NOTICE TO BE ENDORSED ON A DECREE OR ORDER

TAKE NOTICE that if you the within-named A.B. neglect to
obey this decree (or order) within the time therein limited you will
be liable to process of execution for the purpose of compelling you to
obey the same.


FORM 20 (Rule 65)

FORM OF NOTICE TO APPEAR IN LEGITIMACY
PETITION

BAHAMA ISLANDS.
IN THE SUPREME COURT



Divorce and Matrimonial Side.
To ................................ of ..............................................................

TAKE NOTICE that by an Order of the Court dated the
.......... day of ......................, 19 ........., it was ordered that you the
said .................................... should be served with this Petition.

AND FURTHER TAKE NOTICE that you are required
to complete the accompanying Form of Acknowledgement
of Service and send it to the (attorney for the) 59(1)
Petitioner and that you are at liberty within eight days 60(2)
after service of this Petition upon you, inclusive of the day
of such service, to enter an appearance either in person or
by your attorney at the Registry, Nassau, Bahamas, should
you think fit to do so and thereafter to make answer to this
Petition.

AND FURTHER TAKE NOTICE that in default of your doing
so the Court will proceed to hear the Petition and pronounce
judgment in the cause, notwithstanding your absence.

The Petition is filed and this Notice to Appear is issued by
........................................................ of ..........................................

Dated the ..................... day of .................................., 19 ......
..................................................
Registrar.
NOTE: Any person entering an appearance must at the same time
furnish an address for service which must be within two miles of
the Registry.

If you desire to enter an appearance by post, you must
complete and send to the Registry the accompanying Memorandum
of Appearance in duplicate.

The Answer should be filed within fourteen days after the time
allowed for sending the Memorandum of Appearance.



59 Delete if not applicable.
60 Or as the case may be.

MATRIMONIAL CAUSES [CH.125 – 59






[Original Service 2001] STATUTE LAW OF THE BAHAMAS

87, s. 2.
SCHEDULE 2 (Rule 71)

COURT FEES
Document Amount
Advertisement: $. c.

settling abstract 1.50
filing advertisement with abstract .40

Affidavits:
each filing .40
each swearing .40

Alimony:
application for appointment as to (for each
hour or part thereof .50

Allocatur, certificate of fiat (except certificate for
setting down) .75
Amending (any document) except appearance .75

appearance (no fee)
Ancillary Relief:

notice of application-filing .40
Answer, filing .40
Appeal to Court of Appeal:

filing notice and entering $15.0., fee for order
$6.0 21.0
interlocutory. Notice and entering $6.0., fee for
order $3.0 9.0
cross appeal, filing notice 6.0
cross appeal, interlocutory, filing notice 3.0
appeal to Judge from Registrar. Issuing
Summons 75c., order 75c 1.50
fee for any other order such as leave to appeal or for
security 3.0

Appeal to Divisional Court, filing notice and
entering $1.50., order $6.0 7.50
Appearance (no fee)
Appointment:

for examination in aid of execution 1.50
before Registrar for any purpose except summons or
motion (for each hour or part thereof) 1.50



CH.125 – 60] MATRIMONIAL CAUSES






STATUTE LAW OF THE BAHAMAS [Original Service 2001]



Attendances (and officer’s expenses in addition) for
each day 6.0
Bond:

filing .40
vacating 1.50
Registrar’s minute with .95
settling 1.50
settling undertaking

Certificate:
Registrar’s 1.50

Charging Order:
nisi (both fees are taken on the order nisi) .75
absolute .75

Commission, issuing 3.0
Costs:

allocatur .75
filing .40
on filing: a deposit of 45c. on each $40.00 of the
total costs; taxing fee 1 Sc. for every $12.00 of the
total allowed (minimum 30c.)
objections to taxation: filing .40

Decree:
photographic copy .75

Decree Absolute (application for) 1.50
Depositions:

filing .40
Registrar’s minute .75

Documents (production in Court) 1.50
Exhibits, marking each .22
Garnishee Order:

nisi (both fees are taken on order nisi) .75
absolute .75

Guardian:
Consent, filing of .40

Hearing or Trial of Cause:
first five hours-undefended cause 3.0
first five hours-any other cause 6.0
for each additional complete hour 1.50



MATRIMONIAL CAUSES [CH.125 – 61






[Original Service 2001] STATUTE LAW OF THE BAHAMAS



Interrogatories, filing each set .40
Judgments Extension, Certificate (including
affidavit) 1.50
Letters of Request, settling and issuing 3.0
Maintenance:

application for appointment as to (for each hour
or part thereof) 1.50

Medical Inspection:
administering oath to inspectors (2) .75
report .40
Registrar’s minute on report .75

Minute, Registrar’s (in every case) .75
Motion, case on or notice of, filing case 75c., fee for
order $3.00 3.75
Notice, filing .40
Oath, administering to each deponent .40
Orders:

made in Chambers, final 1.50
made in Chambers, interlocutory .75
made in Court (other than at trial or for security) 3.0
made in Court for security 1.50
made in Appeal (Court interlocutory, leave to appeal
or for security) 3.0
made in other orders 6.0

Originating Summons, leave to file petition within three
years of marriage:

issuing 1.50
order .75

Originating Summons, wilful neglect to maintain:
affidavits-filing .40
appointment before Registrar 1.50
issuing 4.50
order by judge 6.0
order by judge, interim 3.0
order by Registrar (interlocutory) .75
order by Registrar (final) 1.50

Particulars, filing 6.0
Petition, filing .75

CH.125 – 62] MATRIMONIAL CAUSES






STATUTE LAW OF THE BAHAMAS [Original Service 2001]



Records (production in Court) .75
Report, filing .40
Reply, filing .40
Searches:

for decree .40
in index (each hour or part) .40

Setting Cause Down:
(a) Undefended including $6.00. for hearing, $3.00

decree, $1.50 for Registrar’s certificate 10.50
(b) Defended, including $6.00 for hearing, $6.00 for

decree, $1.50. for certificate 13.50
(If trial lasts for more than five hours, $1.50 is

payable for each further complete hour) 1.50
(c) Trial by jury (in addition to (a) and (b)) 3.0
Subpoena (fee, on praecipe, for each witness) .40
Summons (including order):

interlocutory 1.50
final 3.00

Variation of Settlements:
application for appointment as to (each hour or
part thereof) 1.50

Writs:
attachment: elegit: fieri facias: sequestration: sealing
and issuing 1.50

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