marital law of the Bahamas

[kotek]

Hello to All,
I am engaged to a Bahamian resident and have a couple of questions:
1. Is Bahamas a community property country?
2. Short of contacting a lawyer, where can i find info re Bahamian marital law?
3. what are the rights of an omitted [from will] spouse?
Thank you,
Johanna

[tamara zoo]

Don't know where you can find the legal answer to your questions, but the practical answers are more applicable.
Bahamian Law is often practiced 'outside' the law.. which means that in case of a foreigner /bahamian marriage/divorce. The bahamian usually comes out ahead. This is not community property.. each gets half kinda deal.

I'd say it's still the wild west when it comes to divorce. Keep in mind that a property that was in the family usually stays in the family, and that the person leaving the marriage usually gets only what he/she can take when they leave. (bank accounts/possessions etc)

I know that legally, this may not be true, but it's usually the case.

If you choose to marry and it doesnt' work out.. you won't be getting 1/2 of anything unless you keep it strictly in your own name and can prove it.

Ancestral land stays with bahamians.

I've been with my SO for quite a few years. No marriage. Just for this reason.

[cavinbill115]

A powerful human rights group has thrown its weight behind the government's plan to outlaw marital rape in the Bahamas.

Amnesty International has vowed to back the proposed amendment of the Sexual Offences Act in order to protect the rights of every Bahamian woman.

A spokesman for the group told The Tribune: "Amnesty International would certainly support that law being passed.

"We view women's rights as a human right. If there is abuse in any kind of relationship, whether it is within a marriage or with unmarried couples, or in the case of incest, all of those are matters that need to be dealt with properly within the law.

"On the basic stance of the law, Amnesty would support the way it's written to support persons rights."
The amendment, introduced to the House of Assembly by Minister of State for Social Development Loretta Butler Turner last month, has sparked a heated national debate on the issue.

In Parliament last month, Mrs Butler-Turner noted that the current law is outdated adding that spousal rape had long been outlawed in many other countries.

American law recognised marital rape as a crime in 1976, but it is still a sensitive issue as many states have lesser penalties for persons convicted of the offence, compared to acquaintance rape or that of a stranger.

The present law in the Bahamas defines rape as an act of any person not under 14 years of age having sex with another person who is not his spouse without the consent of that other person; without consent that had been extorted by threats or fear of bodily harm; with consent obtained by impersonating the spouse of the other person; or with consent obtained by false and fraudulent representations as to the nature and quality of the act.

The proposed amendment would omit the words "who is not his spouse" in essence making it illegal for any person to have sex with another without consent - regardless if they are married or not.