Family
State family law over customary marriage, adoption and lineage
Marriage, divorce, custody and adoption are principally state matters, and customary marriage and adoption are widely recognised alongside statutory forms.
Key rules
- Jurisdiction — State courts have primary jurisdiction. The FSM Supreme Court may become involved where parties are of different citizenship or a national question arises.
Governing law
- State codes of Chuuk, Kosrae, Pohnpei and Yapdomestic relations
- FSM Code, title 6judicial procedure, where national jurisdiction arises
- Constitution of the FSM 1979 (art. V (traditional rights))
- State family protection legislation
In practice
Family law is one of the clearest illustrations of the federal structure: the governing rules are those of the state, and the four states differ on grounds for divorce, property consequences and the treatment of customary marriage. Customary marriage is recognised in practice across the federation, and customary adoption within the extended family is common and often unregistered, which later creates documentary problems for inheritance, school enrolment and travel under the Compact. Because land tenure is lineage-based, questions of clan membership decided in a family context carry direct property consequences. Domestic violence legislation has been enacted at state level with varying scope, and enforcement capacity is uneven across the outer islands.