Matrimonial Proceedings Act
2008 Revised Edition
CAP. 17.30
MATRIMONIAL PROCEEDINGS ACT
Matrimonial Proceedings Act CAP. 17.30 Arrangement of Sections
2008 Revised Edition
Page 3
MATRIMONIAL PROCEEDINGS ACT
Arrangement of Sections
Section
PART I - PRELIMINARY 5
1 Short title................................................................................................................ 5
2 Purpose of this Act................................................................................................. 5
PART II - INTERPRETATION 6
3 Interpretation.......................................................................................................... 6
PART III - JURISDICTION 6
4 Ground of jurisdiction............................................................................................ 6
5 Jurisdiction of island courts ................................................................................... 6
6 Jurisdiction of Magistrates’ Courts ........................................................................ 7
7 Appeal, review, etc. ............................................................................................... 7
PART III - DIVORCE PROCEEDINGS 7
8 Right to divorce in certain cases ............................................................................ 7
9 Grounds for divorce ............................................................................................... 7
10 Conciliation, etc. .................................................................................................... 8
11 Grant of divorce ..................................................................................................... 8
PART IV - RELATED MATTERS 9
12 Children ................................................................................................................. 9
13 Property rights........................................................................................................ 9
14 Other orders ......................................................................................................... 10
15 Orders after divorce ............................................................................................. 10
PART V - MISCELLANEOUS 11
16 Technical rules ..................................................................................................... 11
17 Queen’s Proctor ................................................................................................... 11
Arrangement of Sections CAP. 17.30 Matrimonial Proceedings Act
2008 Revised Edition Page 4
18 Rules of Court ......................................................................................................11
SCHEDULE 12
CERTIFICATE OF DIVORCE 12
Supporting Documents
ENDNOTES 13
Matrimonial Proceedings Act CAP. 17.30 Section 1
2008 Revised Edition
Page 5
MATRIMONIAL PROCEEDINGS ACT
AN ACT TO MAKE NEW PROVISION FOR DIVORCE, AND FOR
RELATED MATTERS1
Commencement [1 January 1985]2
PART I - PRELIMINARY
1 Short title
This Act may be cited as the Matrimonial Proceedings Act.
2 Purpose of this Act
(1) The purpose of this Act is to provide for the legal consequences of the final
breakdown of a marriage, including divorce, the welfare of children and
property rights.
(2) To minimize the ill-effects of a breakdown, attempts at reconciliation and the
lessening (if possible) of the common bitterness resulting from a marriage
failure must be given prominence, and if the divorce does go ahead it must be
remembered that if there are children what is being broken up is not just a
marriage but a family unit, and the children, as members of that unit must be
given every care and protection.
(3) The Act says nothing one way or the other about the moral or religious
implications of a marriage failure.
Section 3 CAP. 17.30 Matrimonial Proceedings Act
2008 Revised Edition Page 6
PART II - INTERPRETATION
3 Interpretation
In this Act —
“associated proceedings” means any proceedings under Part IV, whether
commenced or determined before or after a divorce;
“matrimonial proceedings” means —
(a) proceedings for a divorce, in accordance with Part III; or
(b) associated proceedings.
PART III - JURISDICTION
4 Ground of jurisdiction
The courts of Tuvalu have jurisdiction, in accordance with this Act, over
matrimonial proceedings where —
(a) both of the parties to the marriage are domiciled in Tuvalu; or
(b) both of the parties to the marriage are normally resident in Tuvalu and
have been so resident for not less than six months; or
(c) where the parties to the marriage have separated - the applicant is a
person to whom paragraph (a) or (b) applies.
5 Jurisdiction of island courts
(1) An island court has jurisdiction in matrimonial proceedings only —
(a) where both parties to the marriage are citizens of Tuvalu; or
(b) where —
(i) after the commencement of the proceedings, both parties to the
marriage consent; and
(ii) the court is satisfied that there are no major problems relating to
any associated proceedings.
(2) An island court has no jurisdiction where one of the parties is absent from
Tuvalu at the time of the commencement of the proceedings, unless that party
consents, in writing, after the commencement of the proceedings.
(3) A consent for the purposes of subsection (1)(b)(i) or subsection (2) cannot be
withdrawn for the purposes of the proceedings to which it relates.
Matrimonial Proceedings Act CAP. 17.30 Section 6
2008 Revised Edition
Page 7
(4) If during any matrimonial proceedings an island court thinks that there will or
may be major problems relating to any associated proceedings, the court shall
transfer the matrimonial proceedings to the Magistrate’s Court.
6 Jurisdiction of Magistrates’ Courts
(1) A Magistrate’s Court has jurisdiction in all matrimonial proceedings, except
in a case where proceedings have already been properly commenced in an
island court.
(2) If in any matrimonial proceedings before a Magistrate’s Court constituted
otherwise than by the Senior Magistrate the Court thinks that a question
(whether of law or of fact) of special difficulty has arisen or may arise, the
Court may transfer the proceedings to a Magistrate’s Court constituted by the
Senior Magistrate.
7 Appeal, review, etc.
The provisions of all laws relating to appeals from and reviews of decisions of island
courts and Magistrates’ Courts apply to and in relation to decisions in matrimonial
proceedings.
PART III - DIVORCE PROCEEDINGS
8 Right to divorce in certain cases
If–
(a) one party to a marriage has wilfully refused to consummate the
marriage; or
(b) the marriage has been induced by fraud, duress or mistake,
the injured party to the marriage is, subject to Part IV, entitled to a divorce.
9 Grounds for divorce
(1) Subject to section 8, the only ground for divorce is that the marriage has
completely broken down.
(2) Without limiting what may be accepted as evidence that a marriage has
broken down, a court may accept as such evidence proof that —
(a) the respondent has, since the celebration of the marriage, committed
adultery; or
(b) the respondent has deserted the applicant without reasonable cause; or
Section 10 CAP. 17.30 Matrimonial Proceedings Act
2008 Revised Edition Page 8
(c) the respondent has, since the celebration of the marriage, treated the
applicant with cruelty; or
(d) the respondent is certified by a medical officer or medical practitioner
approved for the purposes of the Mental Treatment Act3—
(i) to be of unsound mind; and
(ii) to be unlikely to recover; or
(e) in the circumstances it would be unreasonable to expect one party to
continue in the marriage relationship with the other,
but no such evidence relieves the court from the duty to determine whether or
not the marriage has completely broken down.
10 Conciliation, etc.
Where proceedings are brought under section 9, unless the court certifies that —
(a) in its opinion no attempt to reconcile the parties is likely to succeed; or
(b) there are in the circumstances of the case special reasons why a divorce
should be granted immediately,
the court shall, at some convenient stage of the proceedings and before giving
judgment, adjourn the proceedings for a period fixed by the court (not being less
than 3 months) in order to allow the parties to settle their differences.
11 Grant of divorce
(1) Subject to this Act and in particular to Part IV, a court may, upon being
satisfied as to any matter referred to in section 8(a) or (b) or section 9(1),
grant a divorce.
(2) On the grant of a divorce the court shall —
(a) forward to the Registrar-General a certificate of divorce in the form in
the Schedule; and
(b) issue to each of the parties, on request, a copy of the certificate.
(3) On receipt of a certificate of divorce the Registrar-General shall, in such
manner as he thinks proper —
(a) enter the certificate in a Register of Divorces; and
(b) annotate any relevant entry in the Register of Marriages accordingly.
Matrimonial Proceedings Act CAP. 17.30 Section 12
2008 Revised Edition
Page 9
PART IV - RELATED MATTERS
12 Children
(1) In any matrimonial proceedings concerning a marriage of which there are
children (whether natural children, adopted children or step-children), the
welfare of the children is of paramount importance, at least equal to that of the
parties to the marriage.
(2) Accordingly, unless the court is satisfied that adequate arrangements have
been made or will be made, for the welfare of the children it shall normally
refuse to grant a divorce or defer the grant.
(3) In any matrimonial proceedings the court may make all such orders as it
thinks necessary or desirable in the interests of the children.
(4) An order made under subsection (3) may make provision to take effect —
(a) pending the determination of the proceedings; or
(b) on the grant of the divorce.
(5) Orders made under subsection (3) —
(a) shall not be inconsistent with any other law, or any applicable Tuvaluan
custom; and
(b) may include orders relating to —
(i) custody, guardianship and access to the children by one or both
of the parties to the marriage; and
(ii) matters referred to in section 13; and
(iii) matters referred to in section 14.
13 Property rights
(1) In any matrimonial proceedings the court may make all such orders as it
thinks necessary or desirable to adjust the property rights of —
(a) the parties to the marriage; or
(b) any children to whom section 12 applies; or
(c) any other persons affected.
(2) An order made under subsection (1) may make provision to take effect —
(a) pending the determination of the proceedings; or
(b) on the grant of the divorce.
(3) Orders made under subsection (1) —
(a) shall not be unreasonable or inconsistent with any other law, or any
applicable Tuvaluan custom; and
Section 14 CAP. 17.30 Matrimonial Proceedings Act
2008 Revised Edition Page 10
(b) may include orders relating to —
(i) the division of property; and
(ii) the transfer of property; and
(iii) the vesting of property; and
(iv) maintenance, whether of a party to the marriage, a child or any
other person affected.
(4) In order to limit as far as possible the continuing bad effects of the breakdown
of a marriage, the court shall use its best endeavours to finally conclude all
matters to which this section relates before the divorce is granted, and as far
as practicable by consent.
14 Other orders
(1) In any matrimonial proceedings the court may make any other order, direction
or arrangement that it considers necessary or desirable for the purposes of this
Act.
(2) Orders made under subsection (1) shall not be unreasonable or inconsistent
with any other law, or any applicable Tuvaluan custom.
15 Orders after divorce
If —
(a) any matter as to which an order under this Part might be made has not
been finally settled before a divorce is granted; or
(b) relevant circumstances change significantly,
a Magistrate’s Court may, at any time after a divorce is granted, on application by or
on behalf of any interested person —
(c) make any order that it might make under this Part if the matrimonial
proceedings had not been terminated; or
(d) vary or unmake —
(i) any order made under this Part; or
(ii) any order made under paragraph (c).
Matrimonial Proceedings Act CAP. 17.30 Section 16
2008 Revised Edition
Page 11
PART V - MISCELLANEOUS
16 Technical rules
(1) Subject to subsection (2), the former bars to divorce known as condonation,
connivance, conduct conducing, and collusion, as well as other technical rules
(such as the requirement of corroboration in certain cases), are abolished.
(2) Notwithstanding subsection (1), any matter to which that subsection applies
may be relevant to evidence establishing a ground for divorce under this Act.
17 Queen’s Proctor
Notwithstanding section 59(2) of the Interpretation and General Clauses Act4, there
shall be no office of Queen’s Proctor, or any similar or analogous office, for Tuvalu.
18 Rules of Court
In addition to rules of court that may be made under any other law, the Chief Justice
may make rules —
(a) to provide for the service of process under this Act and for dispensing
with such service;
(b) to prescribe forms to be used for the purposes of this Act;
(c) to regulate practice and procedure under this Act;
(d) generally, for the better carrying into effect of the purpose of this Act.
SCHEDULE CAP. 17.30 Matrimonial Proceedings Act
2008 Revised Edition Page 12
SCHEDULE
(Section 11(2))
CERTIFICATE OF DIVORCE
IN THE SENIOR MAGISTRATE’S COURT/ MAGISTRATE’S COURT/ISLAND
COURT
AT............................................................................... No.
The marriage of .............................................................................................
............................................. and ...............................................................
celebrated at...................................... on ........................................................
is dissolved under the Matrimonial Proceedings Act.
...................................................... ...............................................
Senior Magistrate/Magistrate/ Seal of the Court
Island Magistrate*
*Delete as appropriate
Matrimonial Proceedings Act CAP. 17.30 ENDNOTES
2008 Revised Edition
Page 13
ENDNOTES
1 1990 Revised Edition, Cap. 21 – Act 8 of 1984
2 LN 13/86
3 Cap. 28.16
4 Cap. 1.04
