Family Law Act and Amendments
- Last Updated on 03 January 2016
In 1996 The Fiji Law Reform Commission was given a reference "to enquire into and to report on the efficiency and effectiveness of the existing laws relating to family and domestic relationships including the rights and welfare of children and to make recommendations for the appropriate legislative means of reforming those laws to implement a unified and comprehensive system of Family Law.".
The Bill implements the recommendations of the Fiji Law Reform Commission as regards new legislation relating to matrimonial causes, the welfare of children, maintenance of spouses and matrimonial property, and counselling and reconciliation services. The Bill provides a single ground of divorce: that the marriage has broken down irretrievably. It does away with some of the old matrimonial remedies. It provides for the establishment of specialist Family Divisions in both the High Court and the Magistrates Court. It makes new provision relating to the welfare of children and the maintenance of spouses. It also provides for the establishment of family and child counselling services in both Family Divisions and for the establishment of a Family Law Council.
This act amends section 27(3) of the Family Law Act 2003.
The act amends section 27(3). Section 27(3) originally said that proceedings for property settlement cannot be instituted without leave of the court before the expiration of 2 years from the date of divorce. That section now says that leave is only necessary after the expiration of 2 years to institute or file proceedings for property settlement.