Samoa: reform of maintenance and divorce laws in Samoa: appropriate for the 'Aiga'?

Corrin, Jennifer Clare and Mulitalo, Lalotoa (2012). Samoa: reform of maintenance and divorce laws in Samoa: appropriate for the 'Aiga'?. In Bill Atkin (Ed.), The international survey of family law (pp. 283-298) Bristol, U.K.: Family Law.

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Name Description MIMEType Size Downloads
Author Corrin, Jennifer Clare
Mulitalo, Lalotoa
Title of chapter Samoa: reform of maintenance and divorce laws in Samoa: appropriate for the 'Aiga'?
Title of book The international survey of family law
Place of Publication Bristol, U.K.
Publisher Family Law
Publication Year 2012
Sub-type Research book chapter (original research)
Year available 2012
ISBN 9781846613319
Editor Bill Atkin
Chapter number 16
Start page 283
End page 298
Total pages 16
Total chapters 25
Collection year 2013
Language eng
Subjects B1
180113 Family Law
Abstract/Summary The formal written laws in Samoa include a number of statues relating to family law, including the Divorce and Matrimonial Causes Ordinance 1961 and the Maintenance and Affiliation Act 1967. In 2010, both these Acts were amended. The amendments to the divorce legislation made Samoa one of the only two small Pacific island nations to have introduced a purely no-fault system of divorce, the other being Fiji. Neighbouring countries have either fault-based systems or 'mixed' systems, where divorce may be fault-based or based o a no-fault ground. The amendments also introduce a much needed reform which allows the courts to alter property rights. Formerly, the courts had been faced with a choice of denying a remedy to a party whose name was not on the title, or using elaborate devices to supplement the existing law. The changes to the law on maintenance and affiliation give new powers to the District Court to make custody orders and set out guidelines on the amount and payment of maintenance. The court may also require financial information, the execution of necessary instruments to secure payment, and the provision of security for the obedience of a maintenance order The court may also order parties to undergo mediation. This chapter commences with a summary of existing law. It then looks at recent changes to divorce and maintenance legislation and discusses their efficacy in the light of the cultural and social background of Samoa.
Q-Index Code B1
Q-Index Status Confirmed Code
Institutional Status UQ

Document type: Book Chapter
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TC Beirne School of Law Publications
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Created: Tue, 22 Jan 2013, 11:43:06 EST by Carmen Buttery on behalf of T.C. Beirne School of Law