Frequently Asked Questions about Family Law

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Q: Can I get a divorce and legal separation?

You choose either to make an application for divorce or an application for legal separation. An application can not be made for both.

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Q: What is required for a legal separation?

On an application for legal separation the grounds which have to be proved on an application for legal separation are adultery, cruelty – mental/physical, desertion for two (2) years, homosexuality, and sodomy and beast sexuality.

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Q: What are the grounds for a divorce?

The grounds for divorce in the Bahamas, are:

- Adultery
- Cruelty (physical/mental)
- Desertion
- Living Separate and Apart
- Homosexuality, sodomy and bestiality

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Q: Can I name the person who has committed adultery with my spouse?

Yes

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Q: Can the Court grant a divorce on the basis of irreconcilable difference?

No

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Q: Does the Court order mediation between the parties to a divorce or legal separation?

The Court does not order that mediation be conducted between the parties to a divorce. However, it is encouraged that parties meet to discuss the issues in the divorce proceedings.

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Q: When is a marriage voidable?

A marriage is deemed to be void due to lack of incapacity, duress, mistake, unsoundness of mind of either party or failure to consummate the marriage.

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Q: What does it mean if a Court orders that your marriage is void?

A voidable marriage shall operate to annul the marriage.

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