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Family Court

The Family Law of Fiji is governed by the Family Law Act 18 of 2003, Family Law Regulations 2005 and the Family Law Rules 2005 which officially came into effect from 1st November 2005.

Every court across the Fiji Islands can hear Family Court matters.

A person may institute matimonial cause under the Family Law Act-

(a) in the Family Division of the High Court; or
(b) in the Family Division of the Magistrates' Court

"matrimonial cause" means-
(a) proceedings between the parties to a marriage, or by the parties to a marriage, for an order of-
       (i) dissolution of marriage; or

(b) proceedings for a declaration as to the validity of a marriage or of the dissolution or annulment of a marriage by order or otherwise;

(c) proceedings between the parties to a marriage with respect to the maintenance of one of the parties to the marriage;

(d) proceedings between the parties to a marriage with respect to the property of the parties to the marriage or either of them, being proceedings-
       (i) arising out of the marital relationship;
       (ii) in relation to concurrent, pending or complete proceedings between those parties for principal relief; or
       (iii) in relation to the dissolution or annulment of that marriage or the legal separation of the parties to that marriage, being a dissolution, annulment or legal separation effected in accordance with the law of an overseas jurisdiction, where that dissolution, annulment or legal separation is recognised as valid in the Fiji Islands under Part XI;

(e) proceedings between the parties to a marriage for the approval by a court of a
maintenance agreement or for the revocation of such an approval or for the registration of a maintenance agreement;

(f) proceedings between the parties to a marriage for an order or injunction in circumstances arising out of the marital relationship;

(g) proceedings between-
       (i) the parties to a marriage;
       (ii) if one of the parties to a marriage has died - the other party to the marriage and the legal personal representative of the deceased party to the marriage, being proceedings-
       (iii) for the enforcement of, or otherwise in relation to, a maintenance agreement that has been approved under section 172 and the approval of which has not been revoked;
(iv) in relation to a maintenance agreement the approval of which under section 172 has been revoked; or
(v) with respect to the enforcement under this Act of a maintenance agreement that is registered in a court under section 171 or an overseas maintenance agreement that is registered in a court under regulations made under section 174;

(h) proceedings with respect to the enforcement of an order made under the law of an overseas jurisdiction in proceedings of a kind referred to in paragraph (c); or

(i) any other proceedings (including proceedings with respect to the enforcement of an order or the service of process) in relation to concurrent, pending or completed proceedings of a kind referred to in any of paragraphs (a) to (h), including proceedings of such a kind pending at, or completed before, the commencement of this Act;

There are prescribed forms available at the Registry and on the website for individual applications.

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Media Release

Keynote Address by Chief Justice Anthony Gates
at the Opening of the Fiji Law Society's Convention
"Fundamentals of Private Practice" 25th September 2015,
Novotel, Suva

Click here to view/download the speech.