People looking to get divorced in the Cayman Islands often have many questions about how the process works. In this short article, our specialist family law attorney Gareth Jacques, answers your 10 top questions surrounding the divorce process in the Cayman Islands.

Question 1 – Can I get divorced in the Cayman Islands?

Section 5 of the Matrimonial Causes Law (2005 Revision) outlines who is eligible to file for divorce in the Cayman Islands.

To apply for divorce through the local courts, either (i) the parties must have been domiciled  in the Cayman Islands (Grand Cayman, Cayman Brac, or Little Cayman) for at least one year prior to filing of the divorce petition, or (ii) if the party filing the divorce petition is a woman, then she must have been ordinarily resident in the Islands for at least two years before filing her divorce petition.

You do not need to have been married in the Cayman Islands to get divorced here. The Court will recognize a marriage performed abroad, provided it was legally conducted under the laws of the country where it took place.

Question 2 – What if I have been married for less than 2-years?

If you have been married for less than two years and wish to file for divorce, you must first obtain the Court’s permission to proceed within this period.

To do so, you will need to demonstrate that you are experiencing exceptional hardship. This requires submitting a sworn affidavit that includes a copy of the proposed divorce petition and outlines the following:

1. The grounds for your application

2. Details of the exceptional hardship you claim to be suffering (i.e., why remaining married would cause you undue difficulty)

3. Whether you have made any previous applications for divorce

4. Any efforts made toward reconciliation

5. The date of birth of both you and your spouse

After filing, both you and your spouse will be required to attend a hearing before a Judge, who will determine whether to grant permission for the divorce to proceed.

Question 3 – What are the grounds for divorce in the Cayman Islands?

Section 10 of the Matrimonial Causes Law (2005 Revision) sets out the legal grounds for divorce in the Cayman Islands.

A divorce can be granted on one of the following bases:

1. Your spouse has committed adultery, and you find it intolerable to continue living with them.

2. Your spouse has behaved in such a way that it is unreasonable to expect you to continue living with them.

3. Your spouse has deserted you for a continuous period of at least two years.

4. You and your spouse have lived apart for a continuous period of at least two years, and your spouse consents to the divorce.

5. You and your spouse have lived apart for a continuous period of at least five years (consent is not required).

At present, the law does not allow for no-fault divorce in the Cayman Islands. However, it is possible for both parties to agree on non-contentious grounds for divorce by relying on one of the options listed above.

Question 4 – How do I get divorced in the Cayman Islands?

To initiate divorce proceedings in the Cayman Islands, you must file the following documents with the Court:

1. A divorce petition

2. A sworn affidavit confirming that the contents of the petition are true

3. The original or a certified copy of your marriage certificate

The divorce petition must include:

a. The date of the marriage

b. The basis for the Court’s jurisdiction (see Question 1)

c. The grounds for divorce being relied upon (see Question 3), including any relevant details or incidents

d. The names and dates of birth of any children, along with proposed arrangements for their care

e. The specific orders being sought from the Court

The accompanying sworn affidavit must confirm that the statements made in the petition are true.

It is essential that both the petition and affidavit are accurate and complete, as these documents form the foundation of the divorce case. Seeking guidance from a specialist family law attorney is strongly recommended to ensure compliance with legal requirements and to protect your long-term interests.

Question 5 – What is the fee for filing a divorce petition?

As of May 2025, the fee to file a divorce petition in the Cayman Islands is $225 KYD. This fee must be paid to the Court at the time the divorce petition and supporting affidavit are submitted.

Question 6 – Can I do this all myself?

Although you can file a divorce petition on your own, it is generally advisable to instruct an attorney to handle the process on your behalf. This helps ensure that the petition complies with all legal requirements and that the supporting affidavit is properly prepared and presented. At Priestleys, our specialist family law team will support you throughout the process, providing clear and reliable advice at every stage.

Question 7 – What happens after I have filed the divorce petition?

After filing the divorce petition, a sealed copy must be personally served on the other party, or, if they agree, their attorney.

Once served, the other party has 14 days to file an acknowledgment of service, indicating whether they agree with or oppose the divorce petition. If the other party resides overseas, they have 28 days to respond.

If the other party does not contest the divorce, the Court will proceed to prove the petition and allow the parties to resolve any financial matters. However, if the other party disagrees with the divorce or its grounds, the Court will schedule a hearing, and a Judge of the Grand Court of the Cayman Islands will determine how to proceed.

Once the petition is proved and any financial division is settled, the Court will finalize the divorce, officially dissolving the marriage.

It is crucial to settle how your finances will be divided before your marriage is formally dissolved. If you fail to do so, you will be barred from making a future application to the Court to resolve financial matters.

Question 8 – What about the Children?

When filing a divorce petition or an acknowledgment of service, you should indicate whether arrangements for the children have been agreed. If the arrangements are agreed, the parties may consider signing a parenting plan, which outlines the provisions for the children’s upbringing during their minority.

If the arrangements have not been agreed, the parties can attempt to negotiate the terms through a roundtable discussion or mediation. Alternatively, an application can be made to the Court under The Children Law (2012 Revision) for orders regarding residence or contact with the children.

You will also need to consider what amount of child support which should be paid and how any school fees should be paid. If this cannot be agreed, then an application to the Court can be made to determine the appropriate amount.

Question 9 – How do I go about splitting our finances after divorce?

It is crucial that you seek specialist legal advice on how to divide your finances. This will typically require both parties to fully disclose their assets. Ideally, this disclosure will be made voluntarily; however, it is common for one party to either withhold information or provide incomplete details. In such cases, the court can issue orders to compel full disclosure.

Once the assets are clearly identified, proper advice can be given on how they should be divided. Negotiations and proposals can take place outside of court, and mediation can be used to try and reach agreement on the appropriate division.

If no agreement is reached, the court will decide how the assets should be split. The division will depend on various factors, including who is caring for any children, the value of the assets, and each party’s needs.

Question 10 – How can Priestleys help?

At Priestleys we know and understand family law. With a dedicated team of specialist family law attorneys, we bring extensive experience in a wide range of family law matters in the Cayman Islands—from divorce proceedings to cases involving children. We pride ourselves on being approachable, proactive, and transparent in every matter we handle, and we believe this commitment truly sets us apart. If you require any assistance or advice in relation to any aspect of a family law matter, do not hesitate to contact the family team at Priestleys on info@priestleys.ky and we will be happy to assist you.

The Author

 Gareth is a specialist family law attorney and heads up the family law department at Priestleys, dealing with divorce and children cases. Gareth joined Priestleys in January 2025 having previously being Head of Chambers at the leading specialist family law chambers outside of London. Gareth was called to the Bar of England and Wales in 2007 (now non practicing) and the Bar of the Cayman Islands in January 2025. Gareth has been consistently ranked as a leading practitioner in family law by the Chambers and Partners and Legal 500 directories, which describe Gareth as “exceptional, approachable and extremely knowledgeable” as well as a “brilliant advocate.”

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