Divorce and Matrimonial Causes Ordinance 1961, consolidated (2021)

The Divorce and Matrimonial Causes Ordinance 1961, as consolidated in 2021, governs divorce, nullity, judicial separation, and related matters in Samoa. A marriage may be declared void for lack of consent, bigamy, or improper solemnization, and voidable for non-consummation, incapacity, venereal disease, or pregnancy by another person. A divorce requires proof that the marriage is irretrievably broken, generally after 12 months of separation, though domestic violence may justify dispensing with that requirement. The Court must ensure proper arrangements for children under 18 before granting a divorce, and may issue orders for custody, maintenance, alimony, or property settlement, taking into account the welfare of children and the financial and personal circumstances of the parties.

Topics

• Divorce and dissolution of marriage
• Property and inheritance rights

Geographical location

• Australia and Oceania
• Samoa

Keywords

• divorce petition
• best interests of the child

Year

• 1961

External URL

• Divorce and Matrimonial Causes Ordinance 1961, consolidated (2021)

Type

• Legislation

Jurisdiction

• Samoa