Women rights activists in the island country of Fiji hailed the House of Representatives’ endorsement of the Family Law Bill, which was passed on 14 October in a marathon session that lasted till evening.
The Family Law Bill is a culmination of 13 years of hard work by the Fiji Women’s Rights Movement (FWRM) as well as by the Fiji Law Reform Commission and other non-governmental organizations.
“Apart from Fiji’s 1997 Constitution, the Family Law Bill is the only proposed legislation which provides a level-playing field for women and men”, commented FWRM coordinator Virisila Buadromo. “It provides for the recognition of women’s non-financial contribution to a marriage whereby domestic housewives
will be able to claim a share in the matrimonial property should divorce occur – a feature which is not available under the current law”.

Current Fiji law does not recognize marriage as an equal partnership since once divorce occurs, it favours the spouse with greater economic contributions. Non-earning spouses, most often
housewives, are thus put at a severe disadvantage.

In cases where the husband is the sole financial provider in the family, matrimonial properties are always given to the husband. The proposed Family Law Bill will give an economic value to
women’s unpaid work by prescribing equal sharing of property.

Regarding child custody, the Family Law Bill gives both spouses an equal opportunity to apply for custodial rights provided there is a longstanding relationship between the parents and
paternity is not denied.

The new Bill also extends the definition of “family” to include those in de facto relationships, giving a de facto family similar rights to legal family concerning maintenance, property,
custody and access.

Following endorsement by the House of Representatives in mid-October, the Fijian Senate also unanimously passed the Family Law Bill. The Bill will take effect on 1 January 2005.
(Source: We!, October 2003)