Tuvalu Island Courts Bench Book - Federal Court of Australia

The Court may forego attempts at reconciliation if:
• it is of the opinion that attempts to reconcile will not succeed; or
• there are special reasons why a divorce should be granted immediately: s10 Matrimonial
Proceedings Act (Cap 21).
3.5 Granting an Order of Divorce
Once all the evidence has been heard and reconciliation has been attempted, you may grant a
divorce if you are satisfied that the parties have met the legal grounds for divorce, as set out in
the Matrimonial Proceedings Act (Cap 21).
Welfare of children
In divorce proceedings where there are children (whether they be natural children, adopted
children or stepchildren), the welfare of the children is of paramount importance, at least equal to
that of the parties to the marriage: s12(1) Matrimonial Proceedings Act (Cap 21).
For details on making orders about the welfare of children, see 4.1 below.
Even if both parties agree to the divorce, but do not agree on welfare arrangements, there is no
reason why you may not grant a divorce order. However, you should order some interim welfare
arrangements until the issues are resolved.
Once you have granted the divorce and made some interim welfare arrangements, the case must
be transferred to the Magistrate’s Court. On receipt of the case, the Magistrate will give
directions as to how the case will be heard.
The divorce order
A divorce order must specify:
• the date on which the divorce has been made;
• the details concerning the children;
• any maintenance to be paid - how, and when.
A divorce order is effective from the date it is made.
.
Once the grant has been given, the Court shall forward a certificate of divorce to:
• the Registrar-General; and
• each of the parties, if they request it.
The Registrar-General shall then enter the certificate in the Register of Divorces: s11
Matrimonial Proceedings Act (Cap 21).
Tuvalu Island Courts Bench Book June 2004