DIVISION OF ASSETS IN BARBADOS
Section
57 of the Family Law Act of Barbados is the section that is of critical
concern concerning the division of property in Barbados upon a divorce.
It provides as follows: "57.(1)
In proceedings in respect of the property of the parties to a marriage
or union, or of either of them, the court may make such order as it
thinks fit altering the interests of the parties in the property,
including: (2)
The court shall not make an order under this section unless it is
satisfied that, in all the circumstances, it is just and equitable to
make the order. (a)
the financial contribution made directly or indirectly by or on behalf
of a party or a child to the acquisition, conservation or improvement
of the property, or otherwise in relation to the property; Since
Section 57(3) requires the courts to take into account matters referred
to in Section 53(2), it is important also to examine the matters
provided for in Section 53(2). These are: (a) the age and state of health of each of the parties; (b)
the income, property and financial resources of each of the parties and
the physical and mental capacity of each of them for appropriate
gainful employment; (c) whether either party has the care or
control of a child of the marriage or union other than a marriage, who
has not attained the age of 18 years; (d) the financial needs and obligations of each of the parties; (e) the responsibilities of either party to support any other person; (f)
the eligibility of either party for a pension, allowance, or benefit
under any Act or rule, or under any superannuation fund or scheme, or
the rate of any such pension, allowance, or benefit being paid to
either party; (g) where the parties have separated or the
marriage has been dissolved, a standard of living that in all the
circumstances is reasonable; (h) the extent to which the payment
of maintenance to the party whose maintenance is under consideration
would increase the earning capacity of that party by enabling that
party to undertake a course of education or training or to establish
himself or herself in a business or otherwise to obtain an adequate
income; (i) the extent to which the party whose maintenance is
under consideration has contributed to the income, earning capacity,
property and financial resources of the other party; (j) the
duration of the marriage or union other than a marriage, and the extent
to which it has affected the earning capacity of the party whose
maintenance is under consideration; (k) the need to protect the position of a woman who wishes only to continue her role as a wife and mother; (l)
if the party whose maintenance is under consideration is cohabiting
with another person, the financial circumstances relating to the
cohabitation; (m) the terms of any order made or proposed to be made under section 57 in relation to the property of the parties; and (n) any fact or circumstance that, in the opinion of the court, the justice of the case requires to be taken into account.
(a) an order for a settlement of property in substitution for any interest in the property; and
(b) an order requiring either or both of the parties to make, for the
benefit of either or both of the parties or a child of the marriage or
union, such settlement or transfer of property as the court determines.
(3) In considering what order should be made under this section, the court shall take into account the following:
(b)
the contribution made directly or indirectly to the acquisition,
conservation or improvement of the property by either party, including
any contribution made in the capacity of home-maker or parent;
(c) the effect of any proposed order upon the earning capacity of either party;
(d) the matters referred to in section 53(2) in so far as they are relevant; and
(e) any other order that has been made under this Act in respect of a party.”
