Family Law Act 1985, Cap 214, Barbados

The Family Law Act provides that children of a marriage have the same legal status as children born of a “union other than marriage” which is defined as a relationship that is established when a man and woman who have cohabited continuously for 5 years or more and are not married. This excludes children of single parents, parents who did not live together for 5 years or more, same-sex couples, or persons caring for children via informal childcare arrangements.

The Act also governs the process of divorce. The Act provides that if an application to dissolve a marriage has been instituted, judges must consider the possibility of reconciliation between the parties, including by advising the parties to attend marriage counseling with an authorized marriage counselor. In matrimonial cases, the court is guided by the preservation and protection of the “institution of marriage”, the need to protect and assist the family as the “natural and fundamental group unit of society,” the protection of the rights and welfare of children, and the possibility of the parties’ reconciliation.

A court will grant a dissolution of marriage only if it is satisfied that the parties have separated and lived separately continuously for 1 year before applying for dissolution. A court will not grant a dissolution if it believes that there is a reasonable likelihood of cohabitation being resumed. Parties may be deemed separated even if they live in the same residence and neither party renders household services to the other.

The welfare of children is the chief concern of the court. Married parties will have joint custody of every child of the marriage unless a court makes an order otherwise, the child turns 18 years old or is married. A court decree providing for the dissolution of marriage only becomes absolute when it is satisfied that any children specified in the order have had proper arrangements made for their welfare. The court also has wide powers to ensure the welfare of the child, including setting the terms of custody of the child, supervision by a welfare officer, confiscation of the child’s passport, and ordering separate representation of the child.

Parties to a marriage must maintain the other party or any children of the marriage if they cannot support themselves adequately due to the care or control of a child, physical or mental incapacity for appropriate gainful employment, or any other reason deemed adequate by the court. The court may declare or alter the parties’ interests in property if it considers that, in all the circumstances, it is just and equitable to do so.

Amended by: Family Law (Amendment) Act, 2013-9, Family Law (Amendment) Act, 2014-14, and Family Law (Miscellaneous Provisions) Act, 2019-55.

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