Family
Family Law Act with union other than marriage recognised
The Family Law Act, Cap. 214 governs divorce, property adjustment and maintenance, and expressly extends property and maintenance rights to a union other than marriage, meaning a cohabiting couple who have lived together for at least five years. Divorce is granted on irretrievable breakdown evidenced by twelve months' separation. Children's matters apply a welfare-first approach under the Minors Act and the Child Care Board Act.
Key rules
- Jurisdiction — Family Court division of the Supreme Court
- Deadline — Divorce: petition after twelve months' separation
- Deadline — Property or maintenance application: within twelve months of the decree becoming absolute
- Deadline — Union other than marriage: five years' cohabitation, or less where there is a child
Governing law
- Family Law Act, Cap. 214
- Maintenance Act, Cap. 216
- Minors Act, Cap. 215
- Succession Act, Cap. 249
In practice
Barbados was early in the region in giving cohabitants substantive property rights rather than leaving them to trusts and equitable claims, which makes the five-year qualifying period a decisive fact to establish. The twelve-month post-decree window for financial applications is strict, and leave to apply out of time is not readily given.