Family Breakdown: Divorce in the Cayman Islands

Understandably, many residents worry about the cost and time involved in family court proceedings, particularly when resolving matrimonial property and child arrangements.

To help navigate this process, Emma Pearce of Travers Thorp Alberga has provided a guideline on divorce proceedings in the Cayman Islands.

How to Begin Divorce Proceedings

In the Cayman Islands, a ‘no-fault’ divorce is not available. Under the current Matrimonial Causes Act (2005 Revision), a person can apply for divorce if either spouse is domiciled in the Islands.

For women (as defined under the law), divorce may also be filed if they have been ordinarily resident in the Cayman Islands for at least two years prior to submitting their application.

For non-Caymanians, legal concepts such as domicile and residence can affect eligibility for divorce. Separating from your partner may also impact your legal status to remain in the Islands, as well as decisions about where family members will live.

It is strongly recommended to seek specialist legal advice before filing for divorce. Well-structured legal advice often includes guidance from a qualified immigration lawyer to ensure all residency issues are addressed before proceedings begin.

Grounds for Divorce

In the Cayman Islands, the Petitioner (the party initiating the divorce proceedings) must prove one of the following grounds for divorce:

• Adultery: The Petitioner finds it intolerable to continue the marriage due to infidelity
• Unreasonable behaviour: The Petitioner cannot reasonably be expected to live with the spouse
• Desertion: The spouse has deserted the Petitioner for a continuous period of 2 years prior to filing for divorce
• Two Years' Separation with Consent: The couple has been separated for at least 2 years before you issue proceedings, and the Petitioner’s spouse consents to the divorce
• Five Years' Separation: The couple has continuously lived apart for 5 years prior to filing for divorce, regardless of consent.

Good to Know:

If adultery has occurred, you cannot apply for a divorce until at least 2 years after the marriage date (unless there is exceptional hardship, including domestic abuse).

Further, in adultery cases, the third party involved (whom the adultery is alleged to have been committed with) must be named in the court documents.

What Happens Next

To begin divorce proceedings, there are three documents required:

1. The petition: outlining the facts of the marriage and the grounds for divorce
2. A sworn affidavit: confirming that the petition is true and accurate
3. The marriage certificate: either the original or a certified copy.

The petition is filed with the Grand Court and served on the Petitioner’s spouse (or any co-respondent, if necessary). If the spouse resides outside the Cayman Islands, permission from the Court is required to serve documents outside the jurisdiction.

Responding to the Petition

The Petitioner's spouse then has 14 days to respond (or 28 days if overseas) and indicate whether they intend to contest the grounds for divorce.

If the spouse does not defend the divorce, the Court will consider the petition.

If contested, the case is listed before a Judge who decides if there are proper grounds for divorce and outlines the next steps.

Note: Family matters are held in private in the Judge's chambers.

Mediation Process

Following the first hearing, both parties must attend a Court-ordered Mediation Information Assessment Meeting (MIAM), unless there are valid exemptions such as domestic violence.

If either party wishes to claim an exemption, an application must be made to the Court.

Mediation can cover both finances and child arrangements. Both parties will be asked to provide financial disclosure using a form called MIAM 3.

Mediation is a free Court service, however bringing an attorney will incur costs.

Court Hearing

If mediation does not lead to an agreement, the case returns to Court for a final hearing where evidence will be heard and a decision made.

If parties cannot agree on child custody, visitation or division of finances, the Judge will make a decision for them. Judges will always encourage agreement where possible as enforced settlements often leave parties feeling like they lacked control over the outcome and their future.

Decree of Dissolution

Only once financial matters and child arrangements are resolved will a decree of dissolution of marriage be granted. This is handled through the Civil Registry, and no further Court appearances are necessary.

Court Orders

When a divorce is granted in the Cayman Islands, the Court does more than simply dissolve the marriage. Judges can also make orders on:

• Children’s residence, care and contact: Determining where children will live and how they spend time with each parent.
  
• Use of the matrimonial home: Decisions on who may live in or use the family home during and after divorce proceedings.
  
• Interim financial support: Periodic payments from one spouse to the other pending the outcome of the suit.
  
• Protection of property: Injunctions to safeguard settled property or other assets in which either spouse has a claim.
  
• Spousal protection: Orders preventing interference by one spouse in the affairs of the other.
  
• Division of matrimonial property: Including the family home and other shared assets.
  
• Variation of property settlements: Adjusting settlements made before or during the marriage, or as part of pre-nuptial/post-nuptial agreements.
  
• Financial provision for children and spouse: Orders to ensure that either spouse provides financial support from their property or income.
  
• Periodic payments for children: Arrangements for ongoing financial support for the children of the marriage.
  
• Legal costs: Determining which party is responsible for paying court or legal costs.
  

International Divorces

A person can file for divorce in the Cayman Islands if they are domiciled in the Islands. However, extra care is needed where the case has an international element to it.

Divorce proceedings could be started in more than one country, and the financial outcomes may vary significantly depending on the jurisdiction. For cases with an international aspect, it is strongly recommended to seek early legal, tax and immigration advice.

Child Arrangements

Every divorce case is unique, but in all matters involving children, the welfare of the child or children is the Court’s primary concern.

Depending on factors such as the child’s age or living arrangements, the Court may decide that a child spends more time with one parent, or time may be split equally.

To learn more about the types of applications made regarding children, including custody, visitation and guardianship, visit the Cayman Islands Law Courts’ official guide, go to Court Forms and download the 'Application Under the Children Act'.

Division of Assets

When a marriage ends, the division of assets is a key part of the divorce process. This can include decisions about:

• The matrimonial home
• Pensions and retirement funds
• Savings and investments
• Other personal and shared assets
• Outstanding debts.

Spousal support and child maintenance may cover:

• School fees
• Health insurance premiums
• Extracurricular activities
• General living expenses and other costs.

How the Court Divides Assets

Courts in the Cayman Islands start with a principle of 'equality', rather than a strict 50:50 split, since equal division is not always appropriate.

Before assets are divided, it is essential that both parties ensure full financial disclosure and accurate asset valuations.

The Court considers a range of factors when dividing finances, including:

• The welfare and best interests of any children
• Each party's responsibilities and financial needs
• The actual and potential earning capacity of each spouse.

Child or Spousal Maintenance

Unlike many jurisdictions, the Cayman Islands has no specific formula to determine child or spousal maintenance, such as the UK which uses a universal child maintenance calculator. Instead, each case is assessed individually, and where possible, parties are encouraged to agree on a reasonable maintenance amount between themselves.

If an agreement cannot be reached, a mediator, attorney and/or the Court can assist. The Court will make their decision based on 'financial need' and 'ability to pay', taking into account the income and financial needs of the person receiving maintenance, as well as the income and financial capacity of the person making the payment. Maintenance orders are designed to be fair, realistic and sustainable for each party.

Maintenance for Unmarried Parents

If parents are unmarried, and one parent is failing to provide financial support, an application for maintenance can be made under the Affiliation Act. This application must be submitted within 12 months of the child's birth, or within 12 months of the other parent ceasing to pay maintenance.

Maintenance for Married Parents

If parents are married and one parent is not supporting the other and/or child, an application can be made under the Maintenance Act. It is also possible to apply for maintenance for children residing with the applicant at the time of the marriage. If a divorce has been filed, or is ongoing, maintenance applications must be made within the divorce proceedings in the Grand Court.

Duration of Maintenance Orders

• Maintenance orders generally end when a child turns 14 years old
• An affiliation order ends when a child turns 15 years old, unless extended by the Court
• Orders made within divorce proceedings usually end when the child turns 16 years old, or 23 if the child remains in full-time education.

Changing Maintenance Orders

Any time after the maintenance order has been made, the amount payable under the order can be varied by agreement or application to the Court. Changes are often considered when income levels change, financial needs increase or decrease, or the recipient begins cohabiting with a new partner.

Maintenance orders issued by Cayman courts may be enforced locally, as well as in certain foreign jurisdictions (with the assistance of a lawyer). Similarly, some foreign maintenance orders can be enforced in the Cayman Islands.

Domestic & Child Abuse Support

You should seek help immediately if you are in a difficult or dangerous situation.

In an Emergency

If you are in immediate danger, contact the Cayman Islands Police Service (911).

Confidential Support and Crisis Assistance

If it is not appropriate or safe to call the police, the Cayman Islands Crisis Centre (CICC) offers confidential, 24/7 support for victims of domestic abuse.

• 24/7 Helpline: 1 (345) 943 2422
• Website: www.cicc.ky
• Services: Walk-in crisis intervention, emotional support, safety planning and holistic care

The Crisis Centre will ensure access to the various community resources available, including counselling, shelter, legal support and medical referrals. They also offer guidance throughout recovery. You'll find further details here.

Legal Protection

The Cayman Islands Courts can issue protective orders to safeguard you, your children and other connected individuals. In serious situations, The Court may grant urgent protection orders without notifying the other party in advance, giving you the protection you seek. These include:

• Protection from harassment or violence
• Restrictions on contact
• Immediate safety measures for children

Legal Costs

Legal costs are difficult to estimate and often depend on the level of agreement between the parties.

Things to Consider:

• An amicable (non-contentious) divorce may cost between CI$2,000-CI$5,000. Whilst the cost of a non-amicable (contentious) divorce will, undoubtedly, be higher.
• Court-mandated mediation is free, but typically parties engage lawyers to assist which then incurs a fee.
• Legal aid is generally not available for civil proceedings. However, it may sometimes be available for proceedings under the Children Law started by the Department of Children and Family Services. In divorce cases, legal aid will only be granted where there are allegations of recent domestic violence or a child is at risk.

Legal Aid & Support

There are additional free resources, such as the Cayman Islands Legal Assistance Clinic which is an initiative between the Department of Legal Aid, the Cayman Islands Legal Practitioners Association and the Truman Bodden Law School, under the direction of Chief Justice Margaret Ramsey-Hale.

The aim of the clinic is to provide greater access to justice for eligible members of the community by providing free legal advice and assistance from local lawyers. Visit the Cayman Islands Legal Assistance Clinic for more information.

You'll find more information on legal aid in the Cayman Islands on the Cayman Islands Judicial website, including all the necessary guidance on applying for civil legal aid. You'll also find information on eligibility requirements, the application process, and the forms that need to be completed.

If you require additional guidance, the Legal Aid Office and Civil Registry teams are very helpful.

Legal Aid Office:

• Email: legalaid@judicial.ky
• Tel: (345) 244 3829

Civil Registry Help Desk:

• Email: civilregistry@judicial.ky
• Tel: (345) 244 3842

Travelling With Children After Divorce

Following a divorce or separation, strict rules apply when taking children outside of the Cayman Islands, whether for a holiday, temporary relocation or a permanent move.

Permission to Travel

Before travelling abroad with a child, you must get written permission from the other parent who has parental responsibility, or approval from the Court if consent is unattainable.

Planning for Future Travel

It is recommended that travel arrangements are addressed in your court order or divorce agreement. Doing so will prevent disputes and delays later on.

Travel Tips for Divorced Parents

Even where permission is granted within a court order, travelling parents should still carry a letter that demonstrates you have permission to take the child abroad as immigration officials may request it. The letter should include the other parent’s contact information and details about the trip.

It is also helpful to carry the child’s birth or adoption certificate, especially if you are a single parent and your family name is different to your child’s name.

Law Firms

When facing sensitive and difficult family matters, having the right legal support makes a huge difference. The following Cayman Islands law firms offer specialist family law services, combining legal expertise with a compassionate approach to help guide you through every stage of the process.

Other Resources

Alongside family law firms, there are a handful of organisations in the Cayman Islands that provide support with family-related matters. These resources offer advice, emotional support and practical guidance during what is often a difficult time.