The Laws of Fiji
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Last Updated: 1 December 2016
AN ACT TO ESTABLISH FAMILY DIVISIONS OF THE HIGH COURT AND THE MAGISTRATES COURT, TO MAKE FRESH PROVISIONS RELATING TO DISSOLUTION OF MARRIAGE, SPOUSAL AND CHILD SUPPORT, PARENTING RESPONSIBILITY AND SPOUSAL PROPERTY, TO PROVIDE FOR MARRIAGE COUNSELLING AND RECONCILIATION, AND FOR RELATED MATTERS
[FAM 24] Institution of proceedings24
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- (a)in the Family Division of the High Court; or
- (b)in the Family Division of the Magistrates Court.
(2) Proceedings for an order of dissolution of marriage may be instituted under this Act by a party to the marriage if, at the date on which the application for the order is filed in a court, either party to the marriage—
- (a)is a Fijian citizen;
- (b)is domiciled in Fiji; or
- (c)is ordinarily resident in Fiji and has been so resident for one year immediately preceding that date.
(3) Proceedings of a kind referred to in any of paragraphs (a) to (e) of the definition of “matrimonial cause” in section 2(1), other than proceedings for an order of dissolution of marriage, may be instituted under this Act if—
- (a)either party to the marriage is a citizen of Fiji;
- (b)either party to the marriage is present in Fiji; or
- (c)the proceedings relate to a child of the marriage and the child is present in Fiji.