Tuvalu Island Courts Bench Book - Federal Court of Australia
Tuvalu Island Courts Bench Book - Federal Court of Australia
Tuvalu Island Courts Bench Book - Federal Court of Australia
You also want an ePaper? Increase the reach of your titles
YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.
3.1 Jurisdiction <strong>of</strong> the <strong>Island</strong> <strong>Court</strong><br />
An <strong>Island</strong> <strong>Court</strong> can only hear matrimonial proceedings where:<br />
• both parties are citizens <strong>of</strong> <strong>Tuvalu</strong>; or<br />
• after proceedings have begun, both parties to the marriage consent; and<br />
• the <strong>Court</strong> is satisfied there are no major problems relating to any matter (such as custody,<br />
maintenance or the divorce itself).<br />
If one <strong>of</strong> parties is absent from <strong>Tuvalu</strong> when proceedings begin, the <strong>Court</strong> cannot hear the case<br />
unless that party consents in writing after the commencement <strong>of</strong> proceedings. This confirms that<br />
the party is aware <strong>of</strong>, and agrees to, the divorce petition and its terms. If a letter <strong>of</strong> consent is<br />
written before the proceedings commence, the other party must still be served and acknowledge<br />
they have received the petition.<br />
You must transfer the proceedings to the Magistrate’s <strong>Court</strong> if:<br />
• you think there will or may be major problems associated with the matrimonial<br />
proceedings; or<br />
• the parties do not consent.<br />
3.2 Grounds for Divorce<br />
The Matrimonial Proceedings Act (Cap 21) allows for divorce in only three cases:<br />
• one party to a marriage has wilfully refused to consummate the marriage; or<br />
• the marriage has been induced by fraud, duress, or mistake; or<br />
• the marriage has completely broken down.<br />
In the case <strong>of</strong> the first 2 grounds, the injured party is entitled to a divorce, subject to any<br />
associated proceedings under Part IV <strong>of</strong> the Act: s8 Matrimonial Proceedings Act (Cap 21).<br />
Where the ground is that the marriage has completely broken down, the <strong>Court</strong> must be satisfied<br />
from the evidence produced that the marriage has broken down. This evidence may include (but<br />
not be limited to):<br />
• adultery; or<br />
• desertion without reasonable cause; or<br />
• cruelty; or<br />
• that one party is certified by a medical <strong>of</strong>ficer as being <strong>of</strong> unsound mind and unlikely to<br />
recover; or<br />
• that in the circumstances it would be unreasonable to expect the other party to continue in<br />
a marriage relationship: s9(2) Matrimonial Proceedings Act (Cap 21).<br />
<strong>Tuvalu</strong> <strong>Island</strong> <strong><strong>Court</strong>s</strong> <strong>Bench</strong> <strong>Book</strong> June 2004
Change language