ABSTRACT
As is true for much of the substantive family law of the CC region, the law governing an application for a property adjustment order is equally as varied. Depending on the CC jurisdiction concerned, property adjustment applications are subject to essentially two separate regimes – one statutory and the other, the common intention constructive trust based on the law of equity. In the case of St Lucia, there are two statutory regimes – one based on the French civil law community of property regime, and the other, the equivalent of the property order provisions contained in the MCA 1973, England. In this chapter, the respective property regimes of the CC jurisdictions will be identified; classified by jurisdiction; examined in detail; and where relevant, any differences in judicial approaches to the various property regimes, highlighted and discussed.
