08 FAMILY MATTERS

Family Matters

Everything you should know about birth and marriage rules, prenuptial agreements; the process of getting divorced in Cayman; child arrangements; division of assets, and domestic violence and child abuse.

Birth & Marriage Rules 116 Pre & Post Nuptial Agreements 116 Family Breakdown in the Cayman Islands 117 - The Process of Divorce 117 - Child Arrangements 118 - Division of Assets 119 - Child or Spousal Maintenance 119 - Domestic & Child Abuse 119 - Legal Costs 120 - Travelling with Children 120 Wills 120 Law Firms with Family Practices 120

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The Cayman Islands is a wonderful place to give birth, get married and raise a family. There are a number of rules and regulations around these processes that are prudent to be on top of. Sadly, it is also the case that there is a high divorce rate in the Cayman Islands, so in this chapter we have outlined the legalities around pre and post nuptials, as well as detailing the divorce process. If you are looking for legal advice in family law, then you will find a list of reputable law firms with family offices at the end of this chapter.

BIRTH & MARRIAGE RULES

Birth After you give birth to your child, the hospital will issue a Live Birth Notification Form. This form must be brought to the Registrar of Births at the Government Administration Building on Elgin Avenue (Tel: (345) 946 7922) along with your marriage certificate (if married) and both you and your partner’s passports. There is no charge to register your child, however, a copy of your child’s birth certificate will cost CI$10 per copy. For more information on registering the birth of your child see the Having a Baby chapter. however, anyone under 18 must have consent if he or she has not been married before. Consent can be given by the father or, if the father is deceased, by a lawful guardian. If there is no guardian, an unmarried mother may give consent. Persons residing in the Islands may make an application for a marriage certificate to be issued by either a civil registrar or a minister of religion who is also a marriage officer. Marriage by a civil registrar does not involve a religious service, though couples may later go through a religious service if they wish. For more information on this see the Getting Married chapter.

PRE & POST NUPTIAL AGREEMENTS

When planning a wedding and future together, divorce is the last thing on a couples’ mind. But with around half of all marriages ending in divorce, more and more people are opting to draft up a pre-nuptial agreement before getting married, or a postnuptial agreement once married, and for good reason.

Divorce can be an emotionally and financially draining time, so deciding how to divide your resources, at a time when you are both working towards shared future goals, can save a lot of stress if you later decide to divorce. Pre-nuptial arrangements can also help to provide clarity and security. It is a bit like insurance – even though one hopes they’ll never need to rely on it, it provides certainty and financial protection if things don’t go to plan.