Family
Divorce Act with maintenance in the Magistrate's Court
Divorce is governed by the Divorce Act on the ground of irretrievable breakdown, established by separation or by conduct. The Status of Children Act equalises the position of children born outside marriage, and the Child Justice Act and Care and Protection legislation deal with children at risk. Maintenance and domestic violence protection orders are obtained in the Magistrate's Court.
Key rules
- Jurisdiction — High Court for divorce; Magistrate's Court for maintenance and protection
- Deadline — Divorce: petition after the statutory separation period or on proof of conduct
- Deadline — Protection order: ex parte relief available in urgent cases
- Deadline — Maintenance arrears: enforceable by attachment of earnings or committal
Governing law
- Divorce Act
- Status of Children Act
- Domestic Violence Act
- Maintenance of Children Act
In practice
As across the Eastern Caribbean, property adjustment turns on beneficial ownership and contribution rather than a broad statutory power to redistribute, so evidence of who funded the acquisition of the matrimonial home is decisive. Consensual unions carry no matrimonial property consequences, and a long-term partner without a registered interest may leave the relationship with nothing.