Family Law in Saint Helena, Ascension and Tristan da Cunha (BOT)
Family law in Saint Helena, Ascension, and Tristan da Cunha (a British Overseas Territory) is primarily governed by English common law principles, local ordinances, and the Saint Helena Marriage Ordinance and Children’s Ordinance. The laws cover marriage, divorce, child custody, adoption, and protection against domestic abuse.
1. Marriage Laws
Legal age for marriage is 18 years (16 with parental consent).
Both civil and religious marriages are recognized.
Marriages must be registered with the authorities.
Same-sex marriage is legal in Saint Helena since 2017.
2. Divorce & Separation
Divorce can be granted on grounds of irretrievable breakdown of marriage.
Grounds include adultery, unreasonable behavior, desertion, or separation for two years (with consent) or five years (without consent).
Spouses may be entitled to financial settlements, property division, and maintenance payments.
3. Child Custody & Support
Custody decisions are based on the best interests of the child.
Both parents have equal parental responsibility unless a court rules otherwise.
Child support is required from both parents based on their financial abilities.
4. Spousal Support (Alimony)
Spousal maintenance may be awarded depending on financial circumstances.
The court considers income, needs, and duration of the marriage.
5. Domestic Violence & Protection Orders
Domestic abuse is taken seriously, with restraining orders and protection orders available.
Victims can seek emergency protection through the courts.
6. Adoption & Guardianship
Adoption must be approved by the courts and follows a strict vetting process.
Both local and international adoptions are allowed under legal guidelines.
Guardianship laws ensure children's welfare if parents are unable to care for them.
7. Inheritance & Succession
If a person dies without a will, assets are distributed according to intestacy laws.
Wills must be properly registered to be legally valid.
Family members, including spouses and children, have inheritance rights.
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