Divorce
Divorce is the legal process in which one party (the petitioner) issues a divorce petition for a decree of dissolution of the marriage, against the respondent, seeking an order from the Grand Court to bring the marriage to an end.
To fall within the jurisdiction of the Cayman Islands, one of the parties must have been domiciled within the Cayman Islands for at least one year immediately prior to the commencement of the divorce proceedings.
The Cayman Islands is yet to follow other jurisdictions in allowing a ‘non-fault’ divorce. Therefore, for a divorce to be granted, the petitioner must be able to satisfy the Court that one of the following grounds apply:-
Their spouse has committed adultery, and the petitioner finds it intolerable to continue to live with them.
- Their spouse has behaved in such a way that the petitioner cannot reasonably be expected to live with him or her.
- Their spouse has deserted the petitioner for a continuous period of 2 years before the petition was issued;
- Their spouse and the petitioner have lived apart for at least 2 years before the petition was issued, and their spouse consents to the divorce; or
- Their spouse and the petitioner have continuously lived apart for 5 years before the petition was issued.
Once the matter is before the Court, matters of Ancillary Relief and any arrangements in relation to any Children will usually be determined at the same time.
The Family Law team at Samson Law are able to provide advice and representation in respect of all such matters.