Family Law in the British Virgin Islands

The family law framework

Divorce and related financial relief in the BVI are governed principally by the Matrimonial Proceedings and Property Act 1995, which closely follows English matrimonial legislation. BVI family firms handle marriage and relationship breakdown, financial and property matters, and arrangements for children, and the courts draw on English precedent in exercising their powers.

Divorce

The sole ground for divorce is the irretrievable breakdown of the marriage, established by one of five facts: adultery; unreasonable behaviour; desertion for two or more years; two or more years' separation with consent; or five or more years' separation without consent. There are eligibility requirements about the parties' connection to the jurisdiction and the timing of a petition — a BVI family firm can confirm whether and when you are able to file.

Financial & property settlement

On divorce, the court has broad discretion to make financial and property orders, weighing statutory factors such as each party's income, earning capacity and resources, and their contributions to the family's welfare. In practice the courts apply English-style principles, including a focus on fairness and, in appropriate cases, the sharing of assets.

Arrangements for children

Decisions about children are made on the basis of the child's welfare and best interests. The court can make orders about where a child lives and contact, and can order maintenance for children and, where appropriate, for a spouse. Sensible, child-focused arrangements agreed between parents are encouraged wherever possible.