Family Matters in the Cayman Islands

Learn more about all aspects of family law from birth, marriage, pre-nuptial agreements; the process of getting divorced in Cayman; child arrangements; division of assets, and domestic violence and child abuse.

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.

Marriage

The minimum age of legal marriage in the Cayman Islands is 16, 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 dead, 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 section.

Pre & Post Nuptial Agreementskeyboard_arrow_right

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 prenuptial agreement before getting married, and for good reason.

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Divorcekeyboard_arrow_right

The Cayman Islands has a high divorce rate, with 297 divorces in 2019 and 318 in 2020. In 2020 this equates to 4.8 divorces per 1,000 people (with a population of 65,786). Data collated by www.worldpopulationreview.com indicates that by way of comparison there were 2.5 divorces per 1,000 people in the United States and 1.2 divorces per 1,000 people in Jamaica during the same period.

There is growing concern about the costs of family proceedings and the amount of time it can take to resolve matrimonial property and child custody issues. So, although it is a very hard thing to write about, we have decided to give an outline on how to get divorced in the Cayman Islands. We hope that it will then help you focus on the steps you need to take for yourself, your children and your finances.

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Wills

Once you have a family it is especially important to have an up-to-date will. If you die, or worse, both parents die, you will want to ensure your children are looked after by guardians that you have chosen. Making a will is your opportunity to create a plan that protects your children and the property that you leave to them. Each parent needs his or her own will. You might include the following information:

1. Who will care for your children in the event of the mother or fathers’ or both parents death;
2. Who will look after your children’s finances;
3. Who will be responsible for any property your children inherit;
4. How will property/finances be divided between multiple children. You will need to include things like jewellery, clothing, art and other personal possessions;
5. A named ‘executor’ or the person (often a spouse, adult child or other close family member) who will disburse funds or administer your will upon your death.
   

Learn more about creating a will.

Divorce Lawyers & Family Attorneyskeyboard_arrow_right

There are several world class law firms in the Cayman Islands that can provide expert legal advice on both local and international family matters. Contact them for advice on matters such as Pre & Post Nuptial Agreements, Divorce, Child Arrangements, Division of Assets, Child or Spousal Maintenance, Domestic & Child Abuse, Wills and more.

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