Portfolio of Legal Affairs

Published 10th April 2018, 1:19pm

The Government submits for public comment the following Bills together with an Executive summary which seeks to reform the regulation of family matters and proceedings in the Cayman Islands -

1. The Matrimonial Clauses Bill, 2018;
2. The Maintenance Bill, 2018; and
3. The Family Property (Rights of Spouses) Bill, 2018.

The Bills cover a wide range of proposed reforms including the following -

1. the introduction of a single ground for divorce i.e. irretrievable breakdown;
2. mediation in family proceedings;
3. the recognition of pre-nuptial agreements;
4. abolition of actions and damages for adultery;
5. the ability of the Cayman Islands’ courts to order financial relief after separation or divorce in another country;
6. abolition of the need for men to prove domicile in the Cayman Islands in order to be able to apply for a divorce in the Islands;
7. gender equality in maintenance proceedings; and
8. the division of property and financial matters of married couples and unmarried couples who had been in common law relationships of five years or more.

Members of the public are invited to submit their comments on the proposed reforms in the Bills and the discussion paper. Submissions should be made no later than 8th June, 2018 and should be posted to Cheryl Neblett, First Legislative Counsel, Portfolio of Legal Affairs, P.O. Box 1999, KY1-1104; delivered by hand to the offices of the Attorney General at 5th floor Government Administration Building, 133 Elgin Avenue, George Town, Grand Cayman, or sent by e-mail to cheryl.neblett@gov.ky.

Members of the public are reminded that at the moment the Bills contain only proposals and no final decision has been taken by the Government on the various issues contained in the Bills. The Government therefore invites the public to provide comments which will be taken into account in deciding upon the final reforms.