By Elena Giannattasio, International Family Lawyer (New York & San Francisco), Multi-Jurisdictional Divorce, PLLC

Divorce proceedings in The Bahamas are governed by the Matrimonial Causes Act. Unlike many modern no-fault systems, Bahamian law continues to require that a spouse establish specific statutory grounds before a divorce will be granted. For internationally mobile families, these requirements, together with The Bahamas’ treatment of international child-abduction cases, can materially affect jurisdictional strategy, timing, and enforcement.

Grounds for Divorce Under Bahamian Law

Either spouse may petition for divorce based on one or more of the following grounds:

• Adultery committed after the marriage
• Cruelty, including conduct endangering physical or mental health
• Desertion for a continuous period of at least two years
• Living separate and apart for a continuous period of at least five years
• Certain specified sexual conduct occurring after the marriage

In addition, a wife may petition for divorce where her husband has committed rape after the marriage.

Each ground carries distinct evidentiary and procedural implications, which can be particularly significant in cross-border matters where proof, witnesses, or parallel proceedings are located outside The Bahamas.

Adultery petitions may require the naming of a co-respondent, subject to judicial discretion. Claims of cruelty are assessed in context and must reflect conduct sufficiently grave to make continued cohabitation harmful. Desertion and separation grounds are strictly time-based, though brief periods of reconciliation may not necessarily interrupt the statutory clock.

In every case, the court must independently examine the evidence and consider issues such as condonation, connivance, or collusion. Where there is a reasonable prospect of reconciliation, proceedings may be adjourned.

As a general rule, divorce petitions cannot be filed within the first two years of marriage unless the court grants leave on the basis that reconciliation is unlikely.

The Bahamas, the Hague Convention, and International Child Abduction

The Bahamas is a Contracting State to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. As a result, Bahamian courts are empowered to hear and determine applications for the prompt return of children wrongfully removed to or retained in The Bahamas from another Convention country.

Importantly, Hague Convention proceedings are independent of divorce or custody determinations. A Bahamian divorce filing does not confer jurisdiction to decide long-term custody if the child’s habitual residence lies elsewhere, nor does it defeat a valid Hague return application. Courts focus narrowly on habitual residence, wrongful removal or retention, and the limited Convention defenses.

For families with parallel divorce, custody, or relocation disputes pending in multiple jurisdictions, coordination between matrimonial proceedings and Hague Convention strategy is critical.

Strategic Considerations in Cross-Border Cases

When The Bahamas forms part of a family’s international footprint, parties must carefully assess:

• Jurisdictional timing and forum selection
• Proof standards for fault-based divorce grounds
• Privacy and procedural exposure
• Interaction with foreign divorce, custody, and Hague proceedings

At Multi-Jurisdictional Divorce, PLLC, we advise clients on how Bahamian divorce law and HAGUE Convention obligations intersect with U.S. and international family law frameworks, helping clients pursue outcomes that are both effective locally and enforceable across borders.
If The Bahamas is part of your marital or jurisdictional landscape, early legal guidance can protect both your rights and your long-term strategy.