Meeting of the Civil Registrars of South Asia (CR8 )2 6 - 2 8 N O V E M B E R 2 0 1 9

Presented by:

Uz. Faisal Adam

Department of Judicial Administration

Republic of Maldives

MARRIAGE AND DIVORCEPROCEDURES AND CHALLENGES

1

AGENDA

•Maldivian Court System

•Procedure for Marriage & Divorce and its Registration

•Maintenance of Marriage & Divorce Records

•Challenges faced in Marriage & Divorce Registration

•Proposed Reforms

2

MALDIVIAN COURT SYSTEM

Supreme Court

High Court

Magistrate Court

Superior Courts

Civil Court

Criminal Court

Juvenile Court

Drug Court

Family Court

Marriages and Divorce cases

3

MARRIAGE - PROCEDURE

•The marriage must fulfill the conditions imposed by Islamic Shari’ah and Marriages willbe solemnized via Mauzoon (Solemnor of marriage).

•Marriage must be solemnized and registered for it to be legally valid in the Maldives.

• To get married in the Maldives an application requesting for it has to be submitted.

APPLICATION REGISTRATION

Applications to marry

more than one Wife

• Ensure that the male earns at least MVR

15,000 / USD 972.76

• Debts (if any)

• Statement of the other wife / wives

Applications to marry

a foreigner

• Sign a declaration stating that they will abide by

domestic law governing family law in Maldives

• Medical Report

• Proof that he earns at least MVR 15,000. (Males)

4

MARRIAGE – PROCEDURE CONTINUEDAPPLICATION REGISTRATION

Applications where

both are thalassemia

• Ensure that they complete the

genetic counselling session

conducted by Maldivian Blood

Services

Applications where one person

is below the age of 18 years

• No under 18 marriages over past two years.

• Consent in writing by the Parent

• Police report of the person above the age of 18 years

• Social Assessment Report made by Ministry of Gender,

Family and Social Services

• Approval from the Supreme Court of the Maldives (Chief

Justice decides to give permission based on advice given by

the Judicial Council)

• Marriage below the age of 18 years is now prohibited (Law

No: 19/2019 (Child Rights Protection Act)

5

MARRIAGE – PROCEDURE CONTINUED

• Once the Registrar has accepted the application, the following general checks areperformed:

• Verification of information

• Check records of marriage, divorce, maintenance and fines

• Once above conditions are met and the fees have been paid, the Registrar givespermission to solemnize the marriage.

• After the marriage is solemnized, the marriage is registered in the Marriage Registry.

APPLICATION REGISTRATION

6

MARRIAGE - REGISTRATION

•All marriages solemnized in the Maldives; and all marriages solemnizedabroad where the party / parties to the marriage are Maldivians must beregistered in the Maldives.

•For marriages solemnized in the Maldives through the relevant court, themarriage will automatically be registered in the Marriage Registry.

APPLICATION REGISTRATION

7

MARRIAGE - REGISTRATIONAPPLICATION REGISTRATION

Registration of Marriages Solemnized Abroad

• If there is an official representative office of the Maldives – Registration

application has to be submitted to that office within 02 months from the date of

the marriage

• If there is no such office - Registration application has to be submitted within 06

months from the date of the marriage

• It is an offence to remain without applying to register a marriage – fine MVR

1,000.00 (USD 64.85)

8

MARRIAGES REGISTERED IN MALDIVES2010-2018

2442 2311 2305 2362 2355 2417 2234 2168 2191

3763 37133394 3258 3230 3346 3184 3069 3099

6205 60245699 5620 5585 5763

5418 5237 5290

0

1000

2000

3000

4000

5000

6000

7000

2010 2011 2012 2013 2014 2015 2016 2017 2018

Family Court Magistrate courts Total

9

MARRIAGES – MALDIVIANS & FOREIGNERS

10

Year

Marriages Solemnized Abroad & Registered in the Maldives

Marriages with foreigners Solemnized & Registered in the Maldives

Tota

l

Bet

we

en

M

ald

ivia

ns

Wit

h F

ore

ign

M

ale

s

Wit

h F

ore

ign

Fe

mal

es

Wit

h F

ore

ign

M

ale

s

Wit

h F

ore

ign

Fe

mal

es

Tota

l

2014 137 70 24 43 21 2849

2015 142 79 24 39 20 2242

2016 123 42 23 58 21 1637

2017 108 52 24 32 2 1416

2018 123 64 17 42 4 1620

633 307 112 214 68 96 164

MARRIAGES – PERSONS BELOW THE AGE OF 18 YEARS (16-17 YEARS)

0 0 0 0 0 0 0 0 0 0

22

26

14

1011

7

4

0 0 00

5

10

15

20

25

30

2010 2011 2012 2013 2014 2015 2016 2017 2018 2019

2010- 2019 Male Female

11

DIVORCE – PROCEDURE

• An application must be made to the relevant court, where the husband can divorce

his wife after getting approval of the judge.

• It is against the law to divorce your wife outside of court without the approval of thejudge. (Fines up to MVR 5000.000 / USD 324.25)

•Types of divorce cases:

•Women files for divorce asking the court to dissolve the marriage

•Man files for divorce

• Cases where a married couple is unsure of whether they are divorced as per Islamic Shari’ahstandards

12

STATISTICS – DIVORCE 2014-2018

14261288 1341 1248 1156

1988 2070 2076 1963 2010

3414 3358 34173211 3166

0

500

1000

1500

2000

2500

3000

3500

4000

2014 2015 2016 2017 2018

Family Court Magistrate Courts Total

13

STATISTICS – COMPARISON OF DIVORCES & MARRIAGES 2014-2018

5587 57635488

5237 5290

3414 3358 3417 3211 3166

0

1000

2000

3000

4000

5000

6000

7000

2014 2015 2016 2017 2018

Marriage Divorce

62%61% 58% 61% 60%

14

MAINTENANCE OF MARRIAGE AND DIVORCE RECORDS

FAMILY COURT

•Records are maintained in excel sheets, Registry Books, duplicate marriage books and in MEMS (Maldives E-court Management System)

•Marriages and Applications to Register Marriages solemnized abroad are entered into marriage module on MEMS

MAGISTRATE COURTS

•Records are maintained in excel sheets, Registry Books, duplicate marriage books and in MEMS

15

MAINTENANCE OF MARRIAGE AND DIVORCE RECORDS

MEMS (Maldives E-court Management System)

• Implementation of the software started back in 2011

• Many amendments have been made to customize it to fit

the requirements of different courts

• Lack of budget and other network issues the

implementation process was slow

• Network enhancement project started in 2016

• All lower courts are connected via this system

• A special module for marriage, divorce and records of

maintenance is in use – undergoing further development

• Full rollout of the module is expected to be completed by

the end of 2019

16

CHALLENGES

•Lack of a centralized marriage and divorce registry that is accessible to all courts inMaldives

•Marriage and divorce registration procedures are not harmonized and needs to bestandardized

•In cases of marriage between Maldivians and foreigners in Maldives, it is difficult toobtain information from Maldives Immigration to ensure that (s)he is in the Maldives asper applicable domestic legislation.

17

•Marriages solemnized abroad:

• Has effect of delaying birth certificate, ID Card and passports of any children

PROPOSED REFORMS

•Establishing a modern and integrated central marriage and divorce registry that canbe accessed by all Courts

• Include a feature that would allow registrars to perform background checks on applicants tocheck their marital status, debts, maintenance costs etc.

•Standardize all Marriage and Divorce Certificates and issue a number for thecertificate using MEMS to standardize all marriage and Divorce Certificates withonline access and verification.

18

PROPOSED REFORMS

•Establish a Marriage Registrar’s Office

• Transfer judicial function to the executive

•Responsibilities of the Registrar:

• Maintain registry of persons who can perform marriage ceremonies (mauzoon) in the Maldives

• Marriages can be performed by Mauzoon after Registrar permits it

• Maintain marriage and divorce registry

19

THANK YOU!