Our divorce lawyers in Cayman have the expertise to advise on all matters concerning separation and the annulment of the marriage and can assist those who need legal aid in order to approach this step.
We encourage an approach that will be beneficial for both parties, with constructive dialogue and mutual agreement on important financial or children issues, whenever possible.
In this article, our divorce lawyers in Cayman Islands answer a few questions about the procedure and the situations in which one may ask for divorce. We encourage you to reach out to us if you have more questions or need particular answers or solutions.
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What are the grounds for divorce in Cayman?
The grounds for divorce in Cayman are behavior-based, like in many other jurisdictions. The duration of the marriage is not as important as the conduct of the parties. Below, we list some of the common motives for separation or divorce:
- Adultery: when one of the spouses has had a sexual relationship with another;
- Unreasonable behavior: this is one of the most common grounds for divorce and it can include both serious accusations such as violence or drunkenness, as well as less explicit issues such as lack of support;
- Separation with consent: the parties have been separate for two years with consent or for five years without mutual agreement; our divorce lawyers in Cayman can offer details;
- Desertion: one of the parties has been deserted for two years when the divorce application is submitted.
Unreasonable behavior is commonly used because it is a motive that does not need to bring offence to the parties for their actions and it can be claimed in a manner that does not carry anger or resentment.
What are the steps for getting a divorce in the Cayman Islands?
The divorce process starts by filling in a petition. This can be done with the help of our divorce lawyers in Cayman and after its completion it needs to be served to the respondent. Afterwards, the party that has been served has 14 days in most cases to acknowledge and respond.
The spouses are free to negotiate the terms of the divorce or seek legal counsel and representation in court for a formal court issue on the division of property and the custody of the children.
How can our divorce lawyers in Cayman help?
Our team has relevant experience in Family Law and divorce and can help interested parties with assistance during the actual process of divorce as well as with any other related issues that naturally derive after separation, such as child maintenance.
Our divorce lawyers in Cayman can assist with the following:
- Separation agreements: when the spouses are not ready for a divorce, they can set out the terms of their separation in a specially drafted agreement;
- Foreign divorce: our team is able to assist foreign nationals who wish to end a marriage with a Cayman national as well as those who wish to sanction a divorce order issued by a foreign court;
- Child wellbeing: we provide services for former spouses who are looking to find the best possible solutions for their children or the children in their care after separation and divorce;
- Maintenance payments: the important aspect of child maintenance can be solved with the help of our divorce lawyers in Cayman;
- Asset distribution: an important issue to resolve after separation or divorce, the manner in which the property and/or assets that were shared between the spouses are to be distributed once the divorce is final.
Our team offers complete solutions to spouses who are ready to end their marriage, be it in the form of court representation or in the form or mediation. The latter is encouraged so that parties may come to an agreement on important issues and, whenever possible, avoid taking their case to court. Mediation procedures are revised for divorce cases in order to provide procedural consistency and they allow parties to solve issues in a cost-effective manner, compared to having to take the case to court.
We have vast experience in issued concerning the Family Division of the Grand Court of the Cayman Islands Judicial Administration. We encourage you to send us your inquiries regarding divorce and separation.
The number if divorces remains around the same, according to a local publication. The following data was made available by the Family Court:
- 297 new divorce proceedings were initiated in 2019;
- in 2018 the number of divorces was even higher, at 316;
- in an effort to reduce this number, mediation procedures were revised in order to provide more procedural consistency.
Contact our divorce lawyers in Cayman for complete information on divorce and to receive professional legal assistance during this process.