Family
Family Protection Act 2008 with custom marriage and Island Courts
Marriage under the Marriage Act with customary marriage recognised, divorce under the Matrimonial Causes Act, and a landmark domestic violence regime in the Family Protection Act 2008.
Key rules
- Deadline — A family protection order can be issued by an authorised person and confirmed by a court
- Deadline — Fault and separation grounds both apply under the Matrimonial Causes Act
Governing law
- Family Protection Act 2008 (s. 4)
- Matrimonial Causes Act 1986
- Marriage Act 1971
- Maintenance of Children Act 1966
In practice
The Family Protection Act 2008 was significant beyond Vanuatu: it created protection orders issuable by registered authorised persons in communities, not only by courts, which addresses the practical problem of access to justice across scattered islands. Its constitutionality was challenged and upheld. Customary marriage is recognised and bride-price is customary in much of the country, which interacts awkwardly with statutory divorce and maintenance. Island Courts, which sit with custom chiefs as members, handle many family and custom matters at first instance, and their composition is part of why custom and statute are not cleanly separable here.