Family
Family Law Act 2003 no-fault divorce in a dedicated division
The Family Law Act 2003 replaced fault-based matrimonial law with a no-fault system, created a Family Division of the Magistrates Court and High Court, and made the best interests of the child paramount.
Key rules
- Deadline — Twelve months of separation is required before a divorce order
- Deadline — Domestic violence restraining orders can be made on an interim basis the same day
Governing law
- Family Law Act 2003 (s. 30)
- Marriage Act 1968
- Child Welfare Act 2010
- Domestic Violence Act 2009
In practice
The 2003 Act was a deliberate break: it abolished fault grounds, so the only question is whether the marriage has broken down irretrievably, evidenced by twelve months' separation. Property is divided on a contributions-plus-future-needs basis rather than by a fixed share, and non-financial contribution counts. Customary and religious marriages are recognised where registered, which matters because Fiji has substantial iTaukei, Indo-Fijian and Muslim communities with distinct marriage practices. Maintenance and child support run through the Family Division, and the Legal Aid Commission handles a large share of these matters.