The Laws of Fiji
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Last Updated: 1 December 2016
AN ACT TO ESTABLISH FAMILY DIVISIONS OF THE HIGH COURT AND THE MAGISTRATES COURT, TO MAKE FRESH PROVISIONS RELATING TO DISSOLUTION OF MARRIAGE, SPOUSAL AND CHILD SUPPORT, PARENTING RESPONSIBILITY AND SPOUSAL PROPERTY, TO PROVIDE FOR MARRIAGE COUNSELLING AND RECONCILIATION, AND FOR RELATED MATTERS
[FAM 161] Alteration of property interests161
161
- (a)an order for a settlement of property in substitution for any interest in the property; and
- (b)an order requiring either or both of the parties to make, for the benefit of either or both of the parties or a child of the marriage, such settlement or transfer of property as the court determines.
(2) An order made under subsection (1) in proceedings with respect to the property of the parties to a marriage or either of them may, after the death of a party to the proceedings, be enforced on behalf of, or against, as the case may be, the estate of the deceased party.
(3) The court may adjourn proceedings with respect to the property of the parties to a marriage or either of them, except where the parties to the proceedings are—
- (a)parties to concurrent, pending or completed proceedings for principal relief;
- (b)parties to a marriage that has been dissolved or annulled under the law of an overseas country, where that dissolution or annulment is recognised as valid in Fiji under section 193; or
- (c)parties to a marriage who have been granted a legal separation under the law of an overseas country, where that legal separation is recognised as valid in Fiji under section 193,
on such terms and conditions as it considers appropriate, and for such period as it considers necessary to enable the parties to the proceedings to consider the likely effects (if any) of an order under this section on the marriage or the children of the marriage.
(4) Nothing in subsection (3) limits any other power of the court to adjourn proceedings with respect to the property of the parties to a marriage.
(5) Where the period for which a court has adjourned proceedings with respect to the property of the parties to a marriage or either of them as provided by subsection (3) has not expired and—
- (a)proceedings for principal relief are instituted by one or both of those parties;
- (b)the marriage is dissolved or annulled under the law of an overseas country and the dissolution or annulment is recognised as valid in Fiji under section 193; or
- (c)the parties are granted a legal separation under the law of an overseas country and the legal separation is recognised as valid in Fiji under section 193,
either party to the first mentioned proceedings may apply to the court for the hearing of those proceedings to be continued.
(6) The court must not make an order under this section unless it is satisfied that, in all the circumstances, it is just and equitable to make the order.