The Law Reform Commission submits for public comment the second part of its review of the laws regulating family matters and proceedings in the Cayman Islands. A discussion paper, a Matrimonial Clauses Bill, 2013, a Maintenance Bill, 2013 and a Family Property (Rights of Spouses) Bill, 2013 are the documents which comprise this review.

The Bills were prepared after consideration by the Commission of comments received to the 2011 discussion paper on family law reform, other submissions to the Commission and the recommendations in the 2012 Report relating to the Islands’ legislative compliance with the Convention on the Elimination of All Forms of Discrimination Against Women.

The Bills cover a wide range of matters including the following-

(a)       one ground of divorce i.e. irretrievable breakdown of the marriage as evidenced by 12 months of separation;

(b)      mediation in family proceedings;

(c)       the recognition of pre-nuptial agreements;

(d)      abolition of actions and damages for adultery;

(e)       financial relief in the Cayman Islands courts after separation or divorce in another jurisdiction;

(f)       abolition of the need for men to prove domicile in order to apply for a divorce in the Islands;

(g)       gender equality in maintenance proceedings;  and

(h)      the regulation of property and financial matters of both married and unmarried couples in de facto relationships of five years or more.

Members of the public are invited to submit their comments on the Bills and the discussion paper. Submissions should be made no later than 11th November, 2013 and should be posted to the Director, Law Reform Commission, P.O. Box 1999 KY1-1104, delivered by hand to the offices of the Commission at 1st floor DMS House, Genesis Close or sent by e-mail to [email protected] .

The Bills can be downloaded at: http://www.lawreformcommission.gov.ky/portal/page?_pageid=4221,1&_dad=portal&_schema=PORTAL