FREQUENTLY ASKED QUESTIONS
Questions on Divorce and Family Law
Q: Can I get a divorce and legal separation?
You choose either to make an application for divorce or an application for legal separation. An application can not be made for both.
Q: What is required for a legal separation?
On an application for legal separation the grounds which have to be proved on an application for legal separation are adultery, cruelty – mental/physical, desertion for two (2) years, homosexuality, and sodomy and beast sexuality.
Q: What are the grounds for a divorce?
The grounds for divorce in the Bahamas, are:
– Adultery
– Cruelty (physical/mental)
– Desertion
– Living Separate and Apart
– Homosexuality, sodomy and bestiality
Q: Can I name the person who has committed adultery with my spouse?
Yes
Q: Can the Court grant a divorce on the basis of irreconcilable difference?
No
Q: Does the Court order mediation between the parties to a divorce or legal separation?
The Court does not order that mediation be conducted between the parties to a divorce. However, it is encouraged that parties meet to discuss the issues in the divorce proceedings.
Q: When is a marriage voidable?
A marriage is deemed to be void due to lack of incapacity, duress, mistake, unsoundness of mind of either party or failure to consummate the marriage.
Q: What does it mean if a Court orders that your marriage is void?
A voidable marriage shall operate to annul the marriage.
Q: Can I obtain maintenance support from a spouse?
Depends on the circumstances of the cause. Each cause is different.
Q: Who can apply for maintenance in a Divorce?
Either party to the marriage can apply.
Q: When can a party to a Divorce apply for maintenance?
The Court can make an order for maintenance pending suit at any time after the petition has been filed until a final decree has been granted.
Q: What is the duration of the Order?
An order for maintenance pending suit can be made for such term as the court thinks reasonable beginning not earlier than that date of the presentation of the petition and ending with the determination of the suit.
Q: If I got married in another jurisdiction, can I get a divorce in The Bahamas?
Yes, the Court can entertain marriages made in other countries ONLY (i)either parties to the marriage lived in the Bahamas on the date the proceedings begun or (ii) party/parties were habitually resident in The Bahamas throughout the period of three years prior to the divorce.
Q: Does the court have jurisdiction to make orders regarding child support and division of assets?
Yes, the court does have jurisdiction to make orders regarding child support and division of assets.
Q: Does the Court have regard for the welfare of the child or children of the marriage?
The Courts paramount concern is to ensure that the welfare of the child or the children of the marriage are maintained.
Q: Does the Court have power to make an order to sell the matrimonial home?
Yes
Q: What are the legal costs for obtaining a Divorce?
The legal costs in retaining an Attorney for Divorce varies from different Law Firms. However, at Halsbury Chambers, our Retainer Fee for a Divorce is as follows:
Uncontested Divorce- $1,850 and
Contested Divorce- $2,750.