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[F.A.Q.]
Vanuatu Consolidated Legislation |
Commencement: 15 September 1986
LAWS
OF THE REPUBLIC OF VANUATU
REVISED
EDITION 1988
CHAPTER
192
MATRIMONIAL
CAUSES
Act
13 of 1986ARRANGEMENT OF SECTIONS
SECTION
PART
I
Nullity of Marriage
1. Decree of nullity in respect of void marriages
2.
Decree of nullity in respect of voidable marriages
3. Forms of petition forms
A and B
PART
II
Dissolution of
Marriage
4. Dissolution of custom marriage
5. Grounds for
petitions
6. Restrictions of petitions for divorce during the first 2 years
after marriage
7. Forms of petition forms C and D
8. Provision as to
making adulterer co-respondent
9. Duty of court on presentation of
petition
10. Dismissal of co-respondent from proceedings
11. Relief to
respondent on petition for divorce
12. Notice of dissolution of marriage form
G
13. Proceedings for decree of presumption of death and dissolution of
marriage
PART
III
Provisions for Alimony and
Custody
14. Alimony and maintenance in case of divorce and nullity
of marriage
15. Custody and maintenance of children
16. Restrictions on
grant of relief in proceedings for divorce etc. involving welfare of
children
PART
IV
Supplementary
Provisions
17. Damages for adultery
18. Appeals
19.
Evidence
20. Consequence of failure to pay moneys ordered
21.
Fees
SCHEDULE 1-Forms
SCHEDULE 2-Fees
---------------------------------------------
LAWS OF THE REPUBLIC OF VANUATU
[CAP. 192.
MATRIMONIAL CAUSES
To provide for the dissolution and nullity of
marriages.
PART
I
NULLITY OF MARRIAGE
DECREE OF NULLITY IN
RESPECT OF VOID MARRIAGES
1. A marriage is void and the Court
shall pronounce a decree of nullity in respect thereof if it is proved -
(a) that the marriage was induced by duress or mistake; or
(b) that at the time of the marriage one of the parties was by reason of unsoundness of mind incapable of understanding the nature of the ceremony; or
(c) that the parties were within such prohibited degrees of consanguinity or affinity as the Court after considering such evidence on the matter as has been presented to it may determine to have been applicable to the parties at the time of their marriage; or
(d) that the marriage was not celebrated in due form.
DECREE
OF NULLITY IN RESPECT OF VOIDABLE MARRIAGES
2. (1) A marriage is
voidable and upon the application of the petitioner the Court shall pronounce a
decree of nullity in respect
thereof, if it shall be proved -
(a) that the marriage has not been consummated owing to the incapacity or wilful refusal of the respondent to consummate the marriage; or
(b) that either party to the marriage was, at the time of the marriage, of unsound mind, or subject to recurrent fits of insanity or epilepsy; or
(c) that the respondent was, at the time of the marriage, suffering from venereal disease in a communicable form; or
(d) that the respondent was, at the time of her marriage, pregnant by some other person than the petitioner:
Provided that in the cases specified in paragraphs (b), (c) and (d), the Court shall not grant a decree unless it is satisfied -
(i) that the petitioner was, at the time of the marriage, ignorant of the facts alleged;
(ii) that proceedings were instituted within a year of the date of the marriage; and
(iii) that sexual intercourse with the consent of the petitioner has not taken place since the discovery by the petitioner of the existence of grounds for a decree.
(2) Any child born of a
marriage avoided in pursuance of paragraphs (b), (c) and (d) of subsection (1)
shall be a legitimate child
of the parties thereto notwithstanding that the
marriage is so avoided.
(3) Nothing in this section shall be construed as
validating any marriage which is by law void but with respect to which a decree
of nullity has not been granted.
FORMS
OF PETITION FORMS A AND B
3. (1) Every petition for nullity of
marriage shall state shortly the material facts relied upon and shall be in the
Form A in Schedule
1.
(2) Every such petition shall be verified by
declaration in the Form B in Schedule 1.
(3) A copy of the petition shall
be served on the respondent personally unless the Court shall otherwise direct
and such service shall
be verified in such manner as the Court may
prescribe.
PART
II
DISSOLUTION OF
MARRIAGE
DISSOLUTION OF CUSTOM
MARRIAGE
4. When two persons have been married according to
custom, the marriage may be dissolved, annulled or separation ordered only in
accordance
with custom:
Provided that notification of such dissolution or
annulment of the marriage shall be made to the District Registrar in accordance
with the provisions of the Civil Status (Registration) Act, Cap. 61 as
amended.
GROUNDS FOR
PETITIONS
5. Subject to the provisions of section 6,a petition for
divorce may be presented to the Court either by the husband or the wife -
(a) on the ground that the respondent -
(i) has since the celebration of the marriage committed adultery; or
(ii) has deserted the petitioner without just cause for a period of at least 3 years immediately preceding the presentation of the petition; or
(iii) has since the celebration of the marriage treated the petitioner with persistent cruelty; or
(iv) is incurably of unsound mind and has been so continuously for a period of at least 5 years immediately preceding the presentation of the petition; or
(b) upon the grounds provided by subsection (1) of section 13, and by the wife on the ground that her husband has, since the celebration of the marriage, been convicted of rape or an unnatural offence.
RESTRICTIONS
OF PETITIONS FOR DIVORCE DURING THE FIRST 2 YEARS AFTER
MARRIAGE
6. (1) No petition for divorce shall be presented to the
Court unless at the date of the presentation of the petition 2 years have
passed
since the date of the marriage:
Provided that the Court may upon
application being made to it allow a petition to be presented before 2 years
have passed on the ground
that the case is one of exceptional hardship suffered
by the petitioner or of exceptional depravity on the part of the respondent;
but
if it appears to the Court at the hearing of the petition that the petitioner
obtained leave to present the petition by any misrepresentation
or concealment
of the nature of the case, the Court may dismiss the petition, without prejudice
to any petition which may be brought
after the expiration of the said 2 years
upon the same or substantially the same facts as those proved in support of the
petition
so dismissed.
(2) In determining any application under this
section for leave to present a petition before the expiration of 2 years from
the date
of the marriage, the Court shall have regard to the interests of any
children of the marriage and to the question whether there is
reasonable
probability of a reconciliation between the parties before the expiration of the
said 2 years.
(3) Nothing in this section shall be deemed to prohibit the
presentation of a petition based upon matters which have occurred before
the
expiration of 2 years from the date of the
marriage.
FORMS OF PETITION FORMS C AND
D
7. (1) A petition shall be in the Form C in Schedule 1, and
shall be verified by the petitioner by declaration in the Form D in the
said
Schedule.
(2) A copy of the petition shall be served personally on the
respondent and co-respondent (if any) unless the Court shall otherwise
direct
and such service shall be verified in such manner as the Court may
prescribe.
PROVISION AS TO MAKING
ADULTERER CO-RESPONDENT
8. Where adultery is alleged in a petition
or by a respondent, the petitioner or respondent as the case may be shall make
the alleged
adulterer a co-respondent unless he or she is excused by the Court
on special grounds from doing so.
DUTY
OF COURT ON PRESENTATION OF PETITION
9. (1) Before hearing any
petition for divorce (other than a petition based upon the provisions of
subsection (1) of section 13) the
Magistrate shall make such enquiries as he
shall see fit to determine whether the parties may be reconciled and shall not
proceed
with the hearing unless and until he is satisfied that reconciliation is
impossible. He may appoint any person to act as a conciliator
and may adjourn
the proceedings for the purpose of conciliation.
(2) On the hearing of a
petition for divorce it shall be the duty of the Court to inquire, so far, as it
reasonably can, into the
facts alleged and whether there has been any connivance
or condonation on the part of the petitioner and whether any collusion exists
between the parties, and also to inquire into any counter-charge which is made
against the petitioner.
If the Court is satisfied on the evidence
that
(a) the case for the petitioner has been proved; and
(b) where the ground of the petition is adultery, the petitioner has not in any manner been accessory to, or connived at, or condoned the adultery, or, where the ground of the petition is cruelty, the petitioner has not in any manner condoned the cruelty; and
(c) the petition is not presented or prosecuted in collusion with the respondent or either of the respondents,
the Court shall
pronounce a decree of divorce, but if the Court is not satisfied with respect to
any of the aforesaid matters, it
shall dismiss the
petition.
DISMISSAL OF CO-RESPONDENT
FROM PROCEEDINGS
10. In any case in which, on a petition for
divorce on the ground of adultery, the alleged adulterer is made a
co-respondent, the
Court may, after the close of the evidence on the part of the
petitioner, direct the co-respondent to be dismissed from the proceedings
if the
Court is of the opinion that there is not sufficient evidence against him or
her.
RELIEF TO RESPONDENT ON PETITION
FOR DIVORCE
11. If in any proceedings for divorce the respondent
opposes the relief sought on the ground of the petitioner's adultery, cruelty
or
desertion, the Court may give to the respondent the same relief to which he or
she would have been entitled if he or she had presented
a petition seeking such
relief.
NOTICE OF DISSOLUTION OF
MARRIAGE FORM G
12. Three months after any marriage has been
declared by the Court to be dissolved, and subject to any appeal if any made
under the
provisions of section 18 having been determined in favour of the
petitioner, the Court shall without any further proceedings issue
a notice in
the Form G in Schedule 1, whereupon the marriage shall be absolutely
dissolved.
PROCEEDINGS FOR DECREE OF
PRESUMPTION OF DEATH AND DISSOLUTION OF MARRIAGE
13. (1) When any
married person has been continually absent from the other spouse for a period of
7 years or more and such other spouse
has throughout such period received no
information directly or indirectly concerning the whereabouts or existence of
the absent spouse,
such other spouse may petition the Court for a decree of
presumption of death and dissolution of the marriage.
(2) In any case
where the Court has granted a decree of dissolution of marriage under the
provisions of subsection (1) and the spouse
on whose petition such decree was
granted has not subsequently married any other person or has not entered
lawfully into another
marriage, the party upon whose absence for 7 years or more
the petition was based shall be entitled subsequently to petition the
Court in
the Form E in Schedule 1 verified by declaration in the Form F thereof to
re-hear the case and to review its decision thereon
and the Court may in its
discretion, after considering all the facts and in particular the reasons for
the petitioner's absence and
failure to communicate with the respondent and the
welfare of any dependent children of the marriage confirm or rescind the decree
for dissolution of the marriage.
PART
III
PROVISIONS FOR ALIMONY AND
CUSTODY
ALIMONY AND MAINTENANCE
IN CASE OF DIVORCE AND NULLITY OF MARRIAGE
14. (1) On any petition
for divorce or nullity of marriage, the Court may make such interim orders for
the payment of alimony to the
wife as the Court thinks just.
(2) On any
decree for divorce or nullity of marriage, the Court may, if it thinks fit, by
order direct the husband to pay to the wife,
during such period or until her
re-marriage, such weekly, monthly or annual sum for the maintenance and support
of the wife as the
Court may think reasonable.
Where the Court has made
an order under subsection (2), the Court shall upon the application of either
party have the power to discharge
or vary the order or to suspend any provision
thereof temporarily and to revive the operation of any provisions so suspended
upon
the grounds that the circumstances affecting the parties or either of them
have materially changed since the making of the
order.
CUSTODY AND MAINTENANCE OF
CHILDREN
15. (1) In any proceedings for divorce or nullity of
marriage the Court may, from time to time, either before or after the final
decree,
make such provision as appears just with respect to the custody,
maintenance and education of the children of the marriage.
(2) For the
purpose of this Act the expression "children of the marriage" shall include any
child of one party of the marriage (including
any illegitimate or adopted child)
who has been accepted as one of the family by the other
party.
RESTRICTIONS ON GRANT OF RELIEF
IN PROCEEDINGS FOR DIVORCE ETC. INVOLVING WELFARE OF CHILDREN
16.
(1) Subject to the provisions of this section, in any proceedings for divorce or
nullity of marriage where the Court has jurisdiction
in relation to any child of
the marriage, the Court shall not make any decree for divorce or nullity of the
marriage unless and until
the Court is satisfied, with respect to every such
child who has not attained the age of 16 years, that -
(a) arrangements have been made for the care and upbringing of the child, and that these arrangements are satisfactory or are the best that can be devised in the circumstances;
(b) it is impracticable for the party or parties before the Court to make any such arrangements.
(2) The Court may, if it
thinks fit, proceed without observing the requirements of subsection (1) if it
appears that there are circumstances
making it desirable that the decree should
be made, and if the Court has obtained a satisfactory undertaking from either or
both
of the parties to bring the question of arrangements for the children
before the Court within a specified time.
PART
IV
SUPPLEMENTARY
PROVISIONS
DAMAGES FOR
ADULTERY
17. (1) A petitioner may on a petition for divorce claim
damages from any person on the ground of adultery with the
respondent.
(2) The Court may direct in what manner the damages recovered
on any such petition are to be paid or
applied.
APPEALS
18. (1)
Either the husband or the wife may within 21 days appeal to the Supreme Court
against the decision of the Court granting or
refusing to grant a decree of
divorce or nullity as the case may be on the ground that the Court misdirected
itself as to any question
of law or mixed fact and law.
(2) Any person in
whose favour or against whom, as the case may be, the Court has made an order or
orders under sections 13, 14, 15,
16 or 17 may within 21 days appeal to the
Supreme
Court.
EVIDENCE
19. (1)
Notwithstanding any rule of law, the evidence of a husband or wife shall be
admissible in any proceedings to prove that marital
intercourse did or did not
take place between them during any period.
(2) Notwithstanding anything
in this section or any rule of law, a husband or wife shall not be compellable
in any proceedings to
give evidence of the matters aforesaid.
(3) The
parties to any proceedings instituted in consequence of adultery and the
husbands and wives of the parties shall be competent
to give evidence in the
proceedings, but no witness in any such proceedings, whether a party thereto or
not shall be liable to be
asked, or be bound to answer, any question tending to
show that he or she has been guilty of adultery unless he or she has already
given evidence in the same proceedings in disproof of the alleged
adultery.
(4) Any medical evidence in proceedings under this Act may be
admitted in the form of a certificate signed by the medical practitioner
giving
the same:
Provided that upon the application of any opposing party, the
Court shall direct such medical practitioner to attend the hearing of
the
proceedings in person for the purpose of giving viva voce evidence.
In
any proceedings for nullity of marriage, evidence on the question of sexual
capacity shall be heard in camera unless in any case
the Magistrate is satisfied
that in the interests of justice any such evidence ought to be heard in open
Court.
CONSEQUENCE OF FAILURE TO PAY
MONEYS ORDERED
20. Where any person ordered to pay alimony under
section 14, maintenance under section 15 or damages under section 17 fails to
pay
the same at the time or in the manner ordered by the Court, the Court may
commit that person to prison for such period of imprisonment
not exceeding 6
months as it may think fit. Such imprisonment shall not have the effect of
excusing the payment of the alimony, maintenance
or damages, as the case may
be.
FEES
21. The fees
contained in Schedule 2 shall be the prescribed fees to be paid under this Act
until altered, amended, revoked or added
to by the Minister responsible for
finance by Order.
----------------------------------------------------------
SCHEDULE I
MATRIMONIAL
CAUSES ACT CAP. 192
FORM
A
(section 3)
In the Magistrate's Court for
................................... District.
Matrimonial
Jurisdiction
Petition for Nullity of Marriage
To the Magistrate:
The Magistrate's Court for
.................................................. District.
The petition
of
......................................................................................................
of
............................................................:..........................................................
shows:
1. That on the day of 19
a ceremony of marriage was in fact celebrated between the petitioner
and
......................................... (hereinafter called the respondent) at
...................................................................................................................
2.
That after the said ceremony the petitioner lived and cohabited with the
respondent at
.........................................................................................................
3.
That the petitioner resides at .............................. and is domiciled
in Vanuatu, and that the respondent resides at
..........................................
and is domiciled in
...........................
4. That no previous proceedings with
reference to the said marriage have taken place before this Court or any other
court by or on
behalf of either party to the said marriage save and except
......................................................................................
.........................................................................................................
5.
(State here the ground upon which the petition is brought)
The petitioner
therefore prays that the Court will be pleased to decree -
(a) that the marriage in fact celebrated between the petitioner and the respondent be declared null and void;
(b) that the petitioner may have such further and other relief as may be just.
Dated the day
of 19
....................................................
Petitioner
In the Magistrate's Court for
................................... District.
To
.............................................................................................................................
of
.................................................. respondent.
Take
notice that the above petition has been set down for hearing at the Court at
.................... on the .......... day of .........................
19.......... at ............... o'clock in the ............... noon, and you are
required to appear at the Court on the day and at
the hour aforesaid for the
hearing of the petition, otherwise the hearing of the said petition may be
proceeded with and judgment
given in your absence.
Dated the
...............day of .................19...........
................................................
Magistrate
MATRIMONIAL
CAUSES ACT CAP. 192
FORM
B
(section 3)
In the Magistrate's Court for
................................... District.
Matrimonial Jurisdiction
In the matter, of the petition of
.......................................... for a decree for nullity of
marriage.
I, ............................. of
.............................. in Vanuatu, solemnly and sincerely declare that
the statements
set forth in my petition dated the .......... day of
..................... 19.......... are true.
DECLARED by the said
............................................................
this .......... day of ...................... 19...........
before me:
...............................................
Magistrate
MATRIMONIAL
CAUSES ACT CAP. 192
FORM
C
(section 7)
In the Magistrate's Court for
................................... District.
Matrimonial
Jurisdiction
Petition for Dissolution of Marriage
To the Magistrate
The Magistrate's Court for
................................... District.
The .......... day of
.................... 19..........
The Petition of
.................................... shows -
1. That the said petitioner
was on the ................ day of ...................................
19.......... at .................................
lawfully married to
...............................................................
2. That
after the said marriage the petitioner lived and cohabited with the said
......................... at ..................................
and that there
are the following children of the said marriage now living -
3. That
there have been no previous proceedings in this Court or any other court with
reference to the petitioner's said marriage
either by or on behalf of the
petitioner or the respondent. (If any proceedings have taken place set them out
with the statement
"save and except as aforesaid there have been no previous
proceedings" etc.)
4. That the respondent has committed adultery with
......................... at ......................... (or as the case may be,
setting out the matrimonial offence relied on).
5. That the petitioner
claims from the said ...................... damages in respect of the adultery
of the said .........................
with the respondent.
6. That the
petitioner and the respondent are both domiciled in Vanuatu.
The
petitioner therefore prays that the Court will be pleased to decree -
(a) that the marriage between the petitioner and the respondent be dissolved;
(b) that the petitioner may have the custody of the child(ren) of the said marriage;
(c) that the said ........................................... co-respondent, do pay the petitioner the sum of VT...................... damages in respect of his/her adultery with the respondent;
(d) that the petitioner may have such further and other relief as may be just.
Dated the .......... day of
.................... 19..........
......................................................
Petitioner
(L. S.)
The Magistrate's Court for
................................... District.
To
............................. of ............................. respondent (and
to ................................. of .........................
co-respondent).
Take notice that the above petition has been set down for
hearing at the Court at .................... on the ....... day of
........................
19.......... at ............ o'clock in the
............ noon and you are required to appear at the Court on the day and at
the hour
aforesaid for the hearing of the petition otherwise the hearing of the
said petition may be proceeded with and judgment given in
your
absence.
Dated the ............... day of .........................
19..........
Magistrate
MATRIMONIAL
CAUSES ACT CAP. 192
FORM
D
(section 7)
In the Magistrate's Court for
................................... District.
Matrimonial Jurisdiction
In the matter of the petition of
...................................... for a decree for dissolution of
marriage
I, .............................. of
...................................... the petitioner in this cause, solemnly
and sincerely declare
as follows -
1. That the statements contained in
paragraphs .............. of my petition dated ....................... are
true.
2. That the statements contained in paragraphs
........................ of my said petition are true and correct to the best of
my
knowledge, information and belief.
3. That no collusion or connivance
exists between me and the respondent in any way whatever.
DECLARED by the
said
...............................................................
this .......... day of ....................... 19......
before me:
...............................................................
Magistrate
MATRIMONIAL
CAUSES ACT CAP. 192
FORM
E
(section 13)
In the Magistrate's Court for
................................... District.
Matrimonial Jurisdiction
In the matter of the petition of ..................... for
rehearing of a decree for dissolution of marriage
To the
Magistrate:
The Magistrate's Court for
................................... District.
The petition of
.............................. of .............................. shows -
1. That on the ............... day of .......................
19.......... a ceremony of marriage was in fact celebrated between the
petitioner and ........................................... (hereinafter called
the respondent) at
.......................................................................................................
2.
That on the .......... day of .................... 19.......... this Court
sitting at ..........................., granted to the
respondent a decree for
dissolution of the said marriage upon the grounds that I had been absent from
the respondent for 7 years
or more and that the respondent had received
throughout such period no information of my whereabouts or existence.
3.
That the following children of the said marriage are now living -
................................................................................................................................................................................................................................................................................................................................................................................................................................................
4.
That subsequently to the said decree for dissolution of marriage the respondent
has not married any other person or has not entered
lawfully into another
marriage.
5. That I have now returned to my former place of residence and
am desirous of resuming cohabitation with the respondent.
The petitioner
therefore prays that the Court will decree -
(a) that the decree for dissolution of marriage referred to in paragraph 2 of this petition be rescinded;
(b) that the petitioner may have such other or further relief as may be just.
Dated the .......... day of
.................... 19..........
......................................................
Petitioner
The Magistrate's Court for
................................... District.
To
......................... of ........................., Respondent.
Take
notice that the above petition has been set down for hearing at the Court at
........................ on the ...............
day of
............................. 19.......... at ............... o'clock in the
............... noon and you are required to
appear at the Court on the day and
at the hour aforesaid for the hearing of the petition otherwise the hearing of
the said petition
may be proceeded with and judgment given in your
absence.
Dated the ............... day of .........................
19..........
Magistrate
MATRIMONIAL
CAUSES ACT CAP. 192
FORM
F
(Section 13)
In the Magistrate's Court for
................................... District.
Matrimonial Jurisdiction
In the matter of the petition of .................... for
rehearing of a decree for dissolution of marriage.
I,
................................... of ................................. the
petitioner in this cause, solemnly and sincerely declare
as follows -
The statements contained in paragraphs .................. of my petition dated .................... are true.
2. The
statements contained in paragraphs ............... of my said petition are true
and correct to the best of my knowledge, information
and belief.
3. No
collusion or connivance exists between me and the respondent in any way
whatever.
DECLARED by the said
............................................................
this .......... day of ....................... 19..........
before me:
.............................................
Magistrate
MATRIMONIAL
CAUSES ACT CAP. 192
FORM
G
(section 12)
In the Magistrate's Court for
................................... District.
Matrimonial Jurisdiction
Notice of Dissolution of
Marriage
To
and
Petitioner Respondent
Notice
is hereby given to you and each of you that no appeal having been lodged against
the decree of this Court pronounced on the
................... day of
........................... 19.......... (or an appeal against the decree of
this Court pronounced on
the ............... day of .........................
19.......... having been determined in favour of the petitioner), the marriage
solemnised at ......................... on the ............... day of
......................... between
...........................................................
(the above-named
petitioner) and ........................................ (the above-named
respondent) is declared by this Court
to be, and is hereby absolutely
dissolved.
Dated at ............... this ............... day of
......................... 19..........
.......................................
Magistrate
SCHEDULE 2
FEES
(section 21)
Filing and presenting petition
(Dissolution of
Marriage, or Nullity) VT5,000
Hearing
fee VT2,000
Decree VT1,000
-------------------------------------------------------
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