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bruneilawsby aturio
In force1999 Revised Edition
Contents

Act

Dissolution of Marriage Act

High Court power over divorce in certain monogamous marriages

In plain English

Not legal advice

The Dissolution of Marriage Act gives the high court power over divorce and related matters for certain monogamous marriages. The Act applies only to monogamous marriages held in a church or a civil marriage office. It applies only where neither party is of the Muslim faith on the date of the petition.

Summary · Drafted with AI, checked against the official text on 30 Sep 2026.

Official textFrom Attorney General's Chambers, unchanged

s 1

This Act may be cited as the Dissolution of Marriage

Act.

s 2

The High Court shall notwithstanding the provisions of any other law, but subject to the provisions of this Act, have the same powers as those vested in the Family Division of the

High Court in England on 1st January, 1992, in relation to the matters specified in section 3 of this Act.

s 3

The High Court shall have the jurisdiction set out in section 2 of this Act in relation to the following matters -

(a)

divorce and nullity of marriage ;

(b)

judicial separation;

(c)

declarations and presumptions of death;

(d)

property and financial relief ;

(e)

custody of children;

(f)

all such other matters as are ancillary or supplementary to any jurisdiction conferred by this section of this Act.

s 4

This Act shall apply only to marriages which are -

(a)

monogamous in nature;

Dissolution of Marriage

CAP.165

(b)

celebrated either in a church or in a civil marriage office, howsoever described;

(c)

between parties, neither of whom, at the date of the petition, is of the Muslim faith.

s 5

The High Court shall have jurisdiction under this Act if, at the date of the petition, either party to the marriage-

(a)

had a substantial connection with Brunei

Darussalam ; or

(b)

had been ordinarily resident within Brunei

Darussalam for at least twelve months immediately preceding the date of the petitiol).

s 6For the avoidance of doubt, the provisions of section 2

of the Application of Laws Act, in so far as it provides that statutes of general application in force in England on 25th

April, 1951 shall be in force in Brunei Darussalam, shall not apply so as to restrict the jurisdiction conferred by this Act.

Connection or residence

Application of Cap. 2 3