Search
The Laws of Fiji
Last Updated: 1 December 2016

[FAM 9] Possibility of reconciliation9 

9
(1) Where proceedings for a dissolution of marriage have been instituted, or Part 5 or Part 6 proceedings have been instituted by a party to a subsisting marriage, it is the duty of the Judge or Magistrate constituting the court, and of every legal practitioner representing a party, to give consideration, from time to time, to the possibility of a reconciliation of the parties.
(2) If, in such proceedings, it appears at any time to the Judge or Magistrate, from the evidence in the proceedings or the attitude of the parties, or of either of them, that there is a reasonable possibility of such a reconciliation, the Judge or Magistrate may—
  • (a)adjourn the proceedings to afford the parties an opportunity to consider a reconciliation;
  • (b)with the consent of these parties, interview them in chambers, with or without counsel, as the Judge or Magistrate thinks proper, with a view to effecting a reconciliation; and
  • (c)if the Judge or Magistrate thinks it desirable to do so, nominate—
    • (i)a marriage counsellor or an approved marriage education and counselling organisation; or
    • (ii)in special circumstances, some other suitable person or organisation,

    to assist those parties in considering a reconciliation.

(3) If, after an adjournment under subsection (2) has taken place, either of the parties requests that the hearing be proceeded with, the Judge or Magistrate must resume the hearing as soon as practicable.
(4) If the court makes an order or grants an injunction under section 202, the court must, if it is of the opinion that it is in the interests of the parties or of the children of the marriage to do so, advise either or both of the parties to attend a marriage counsellor.
(5) Where a court having jurisdiction under this Act is of the opinion that counselling may assist the parties to a marriage to improve their relationship to each other and to any child of the marriage, it may advise the parties to attend upon a marriage counsellor or an approved marriage education and counselling organisation and, if it thinks it desirable do so, may adjourn any proceedings before it to enable the attendance.