Family
Matrimonial Causes Act with fault and separation grounds
Divorce is governed by the Matrimonial Causes Act 1879 as amended, which retains fault grounds including adultery and cruelty alongside separation for at least five years. Financial provision and property adjustment follow on from the decree, and maintenance is available for spouses and children. The Child Protection Act 2007 and the Status of Children Act govern children's welfare and legitimacy.
Key rules
- Jurisdiction — Supreme Court for divorce; Magistrates' Court for maintenance
- Deadline — Divorce on separation: available after five years' separation
- Deadline — Decree absolute: applied for after the decree nisi and the statutory interval
Governing law
- Matrimonial Causes Act
- Child Protection Act 2007
- Status of Children Act
- Inheritance Act 2002
In practice
The Bahamas is unusual in the region for retaining a five-year separation period, materially longer than the one or two years common elsewhere, which is why fault grounds are still pleaded routinely rather than as a last resort. There is no statutory property regime for cohabitants, so an unmarried partner must fall back on trust and equitable claims to establish a beneficial interest.