Family in Maldives

The Family Act 4/2000 provides the main national framework for marriage, divorce, financial support, custody, guardianship and related family proceedings in the Maldives. The Family Court operates nationally, with Family Court and island-court services available through regional arrangements. Where an island court has no conciliation division, the judge conducts conciliation. Island and city councils, Child and Family Protection Services (CFPS), the Maldives Police Service and the Family Protection Authority (FPA) provide local access, referrals and protective measures. Regional procedures can differ, but no separate regional family law is established by the available framework. A marriage generally requires both parties to be at least 18 under the Gregorian calendar. The Registrar may allow a person under 18 only after considering puberty, physical welfare, financial circumstances and the reason for the marriage. Both parties need to consent, and the process normally involves a wali or Judicial Consent, two witnesses, solemnization by a Judicial Mauzun and Registrar approval. The marriage application should be submitted at least seven days before solemnization. A written nuptial agreement can record agreed terms, including financial arrangements such as mahr. A Maldivian woman cannot marry a non-Muslim man under the stated rules. A Muslim man may have up to four simultaneous marriages, but polygamy requires Registrar approval based on maintenance ability and an acceptable Sharia reason. Marriages can be registered in the Maldives, between Maldivians abroad or between Maldivian and foreign nationals. A marriage performed abroad should generally be registered within two months at a Maldives mission or within six months in the Maldives. Non-registration can result in a MVR 1,000 fine. The registration fee depends on the applicable regulations. The Family Court filing service currently lists hours of 08:15 to 13:30. Divorce procedures depend on the form of divorce and the circumstances. A husband needs a judge's leave to divorce. A wife can bring a case on grounds that include reputational harm, cruelty, religiously impermissible coercion or more than four months without sexual relations. Khul'u is a divorce based on agreement, while faskh is a court dissolution available on specified grounds, such as an unknown whereabouts for more than one year, failure to provide maintenance after two unsuccessful orders, two years of insanity or a dangerous incurable illness. Conciliation should take place promptly and conclude within three months. Three talaq pronounced in one statement counts as one divorce under the stated rule, and a divorce requires registration. After separation, the Court determines maintenance for a wife or children, including the amount and duration. The Court can order provisional maintenance and use property, a guarantor or an income share to secure payment. A former wife with custody or during iddah, the post-divorce waiting period, cannot be removed from the marital home without alternative accommodation. Child custody and guardianship are separate questions. The mother has initial custody priority, and the child's best interests are the primary standard. A custodian generally needs to be Muslim, mentally competent, able to provide care, free from openly prohibited conduct and able to provide a suitable home. Ordinary custody periods can extend to age seven by the Hijri calendar, with possible extensions for a girl to 11 and a boy to nine; afterward, the child may choose between parents unless the Court orders otherwise. The father is the principal judicial guardian and property guardian until the child reaches 18, regardless of who holds custody. Parents and adult children also have support duties. Children provide food, housing, clothing, medical care and basic needs to parents according to their financial ability. A male child from age 18 has a financial housing duty. Other amenities are owed equally by sons and daughters. The Court can identify the responsible person and can order third-party care or interim support. The Child Rights Act 19/2019 protects children from neglect, abuse, violence, exploitation and unsafe environments. Families and communities have protection, care and reporting responsibilities. Removing a child from the family is a last resort based on the child's best interests. CFPS can investigate cases, arrange family conferencing, counselling, legal aid and rehabilitation, and coordinate state care or fostering. Fostering is a court-authorised substitute-care arrangement, not adoption. An applicant normally provides medical information, undergoes background and criminal checks, a family assessment and home visit, and attends a Foster Panel interview. Matching considers factors such as age and gender. The Attorney General's office submits the court application for a foster order or guardianship, followed by child contact, a Court order and an MSFD foster-parent agreement. Caseworkers monitor and support the placement. Unmarried applicants may be considered, but suitability remains case-specific. Domestic violence law covers abuse within marriage or a former marriage, a shared household, shared parenthood, family or affinity relationships and domestic childcare or employment. Abuse can create civil and criminal liability. Any informed person can report it to the Maldives Police Service, and good-faith reporting is protected. Health professionals and social workers have reporting duties. Police should investigate without delay, while the FPA coordinates support, referrals and services. A protection order is enforceable throughout the Maldives, including while divorce or custody proceedings are pending. Reports about child protection can go to CFPS or the police through a child, parent, relative, neighbour, school, doctor or any other informed person. Child Helpline 1412, the MSFD domestic-violence helpline 1421 and the MSFD general line 1433 are available contact routes; the FPA's listed number is +960 3010551. Counselling, mediation, marriage-awareness work and family conferencing can help resolve disputes, but they acquire legal effect through the applicable Court or Family Act procedure. Assistance from relatives or a community can support a household but does not itself create an enforceable court title. Because formal proceedings and specialist support are Malé-centred, people on other islands should contact their council, CFPS, police or another local referral body to identify the available pathway and any transport or filing requirements.