Tuvalu Island Courts Bench Book - Federal Court of Australia

5 Matrimonial Property
In divorce proceedings, the Court may make all such orders as it thinks necessary or desirable
to adjust the property rights of:
• the parties to the marriage;
• any children that are from the marriage (whether they are natural, adopted or stepchildren);
or
• any other persons affected: s13(1) Matrimonial Proceedings Act (Cap 21).
The parties must consent to all issues if an order is to be made by the Island Court under the
Matrimonial Proceedings Act (Cap 21). See 3.1 above.
5.1 How an Application for Matrimonial Property is Made
Applications are made in the petition for divorce.
The wording will be something like:
“The petitioner seeks the transfer the property known as …. on Nui to her for her lifetime, and
thereafter to their children – A, B, and C.”
Before making an order, the Court must have received evidence of the financial means of both
parties to the marriage.
5.2 Matrimonial Property Orders
The Court may make orders that are not unreasonable or inconsistent with any other law, or any
applicable Tuvaluan custom.
The orders may include:
• the division of property; and;
• the transfer of property; and;
• the vesting of property; and;
• maintenance, whether of a party to the marriage or of a child or any other person
affected: s13(3)(b) Matrimonial Proceedings Act (Cap 21).
The order of the Court relating to property in a divorce proceeding will take effect:
• pending the determination of the proceedings; or
• on the grant of the divorce.
Tuvalu Island Courts Bench Book June 2004