Civil law in Tuvalu

Civil law in Tuvalu covers legal relationships between private persons and organisations. It includes legal capacity, civil registration, contracts, residential tenancy, native land, family matters, inheritance, liability, civil claims and enforcement. Consumer protection and employment matters belong primarily to adjacent legal areas, although a contract or civil claim can still be relevant to a particular dispute. The Constitution has the highest legal authority. Acts and subsidiary legislation provide specific rules, while English common law and equity continue to apply where relevant, adapted to Tuvalu. Equity provides principles and remedies that supplement common-law rules. Customary law also has legal force in areas such as family relationships, native land, water, sea resources, inheritance, adoption, marriage, maintenance, custody, transactions, reasonableness and state of mind. Its effect depends on the subject, island and applicable legislation. Civil registration is governed by the Civil Registration Act 2025. The Registrar General and Island Registrars handle births, deaths, marriages, name changes and adoptions. Birth registration is required. Registration after more than 12 months requires a late-registration application and an assessor's order. A marriage generally requires the parties to be at least 18; a person aged 18 to 20 generally needs written consent from a parent or guardian, subject to statutory exceptions. Notice of marriage must normally be given at least 14 days before the ceremony, displayed for 14 days and used within three months. The ceremony requires at least two witnesses who are each at least 18. Foreign marriages require the original certificate, evidence concerning the foreign law and a certified English translation where needed. Contracts may be written, oral or formed through conduct. Tuvalu has no identified general Contract Act. Common law and equity therefore remain central, while specific legislation applies to particular transactions. Under the Sale of Goods Act, implied terms can concern title, description, fitness and merchantable quality. Typical civil disputes include unpaid debts, contract breaches and residential tenancy claims. Native land is governed mainly by the Native Lands Act, the Tuvalu Lands Code and customary law. Registered title is generally protected, but land, boundaries, possession, use and transfers can depend on cadastral maps, island-specific rules and customary ownership. Native land generally cannot be transferred to a non-Native, subject to statutory exceptions involving the Crown, a Kaupule or a registered cooperative society. A native lease is generally limited to 21 years and five acres and requires approval and registration. Kaitasi means communal ownership, and communal land is controlled by the relevant council. The former land courts and Land Court Appeal Panel were abolished from 3 June 2022; current land jurisdiction should be verified with the court registry because some older online descriptions remain outdated. Family proceedings include divorce, custody, guardianship, access, maintenance and division or transfer of property. The Magistrate's Court handles matrimonial proceedings when the statutory connection with Tuvalu exists. Divorce is based on a complete breakdown of the marriage, with examples including adultery, desertion, cruelty, unsound mind or unreasonable continuation. Reconciliation may lead to an adjournment of generally at least three months, unless an exception applies. The welfare of a child comes first in custody decisions. Unpaid maintenance orders can be enforced as civil debts. Inheritance depends strongly on whether property is native land, the island and the applicable kinship or customary rules. No general current intestacy code was identified in the reviewed materials. Native wills are registered through the relevant court system, and a written will under the Lands Code requires the testator's signature and two witnesses who are not family members or beneficiaries. The High Court has probate and administration jurisdiction, while non-Native succession questions require case-specific legal advice. Civil liability is based mainly on common-law torts and equity. Negligence generally requires a duty, breach, causation and damage. Other claims can involve defamation, nuisance, property damage or claims against the Government under the Crown Proceedings Act. The Constitution provides for prompt and adequate compensation when property is deprived, with the competent court determining the claim. Magistrates' Courts operate throughout Tuvalu and may issue summonses, hear evidence, order documents, grant remedies and support settlement or reconciliation, subject to statutory limits. The Small Claims Act covers personal claims involving property, debt or damage up to $1,000 and provides a less formal procedure. The High Court has unlimited original civil jurisdiction, including matrimonial, custody, probate and administration matters, but its land jurisdiction is limited where the Native Lands Act assigns jurisdiction elsewhere. Appeals from the High Court go to the Court of Appeal. Arbitration and other forms of dispute resolution may provide alternatives to a full trial. Court clerks, the Sheriff and bailiffs handle service and execution. Judgments can be enforced through civil process, attachment, committal and, in relevant cases, payments from wages. High Court judgments for debt or damages generally carry 5% annual interest from judgment, subject to the applicable rules. Foreign judgments may be enforceable under the Foreign Judgments (Reciprocal Enforcement) Act. The Office of the People's Lawyer provides legal advice, representation and alternative dispute resolution. Its civil services include private disputes, family matters, land matters and urgent advice. The initial visit is fee-free. A Tuvalu citizen may qualify for a fee waiver where annual income is below $4,000 and non-land assets are below $1,000. Published fees include $20 per hour for general advice and High Court work, $10 per hour for Magistrates' Court and certain tribunal work, and higher multipliers for non-citizens and some organisations. Court filing fees for Magistrates' civil summonses are published on a scale from $0.50 to $6.00 for claims up to $1,000, with a separate fee for non-monetary relief; current adjustments should be confirmed with the registry. Timing varies with court sittings, service, travel and the facts of the case.