Tuvalu Island Courts Bench Book - Federal Court of Australia

Divorce Checklist
Jurisdiction
Are both the parties citizens of Tuvalu?
If one of the parties is living overseas, they must have given consent in writing and proof of service must be shown
Have the parties agreed to the divorce?
You only have jurisdiction to hear the case if both parties consent.
Are there any associated proceedings, related to matrimonial property, custody of children or maintenance?
If yes, have the parties agreed on these proceedings?
Are these proceedings complex or might there be major problems relating to them?
Petition
You must refer the case to the Magistrate’s Court if:
• the parties do not agree to divorce or to the associated proceedings; or
• if the associated proceedings are complex or there may be major problems relating to them.
Has the petitioner filled out Form 1 correctly and included all relevant information?
Has the petitioner included the marriage certificate or a certified copy?
Consent
If not, refer the petition back to the petitioner to complete.
Do the parties consent – if both are not present, do you have consent to all the issues in writing, dated after the
commencement of the proceedings?
Grounds for divorce
You only have jurisdiction to grant divorce where the parties consent.
Have you been given evidence to satisfy you that the marriage is completely broken down?
Associated Proceedings
You must be satisfied that the marriage has completely broken down.
Do the parties agree on the arrangements for children, maintenance and property division?
Remember that the welfare of the children is of paramount importance.
You only have jurisdiction to make orders where the parties consent. If not, refer the case to the
Magistrate’s Court.
Tuvalu Island Courts Bench Book June 2004