Let’s stay together – as divorces hit decade low

The drop has been linked to the expense of getting divorced, Covid lockdowns and fewer marriages overall.

In total, 92 final orders for divorce were granted in 2022, down from 117 in 2021.

Last year was also the first time the number of final orders had dropped below 100 in at least 11 years, based on figures from the Greffe.

Former matrimonial lawyer and divorce counsellor Felicity Haskins said that the effects of the Covid pandemic meant people had less flexibility.

‘People couldn’t go out and meet others,’ she said.

‘More recently housing costs have escalated and finances have become stretched.

‘Legal costs are very expensive and without a lawyer it is difficult to achieve a fair financial settlement.

‘So people have hung on to their marriages and tried to make it work despite the difficulties in the relationship.’

Relate manager Michelle Champion said that fewer marriages and the size of the island could also be factors in why there were fewer divorces.

‘As we are a small community by comparison to the UK, that will bring pressures that stop people from divorcing,’ she said, while encouraging couples who are beginning to see problems to seek help in the early stages.

Collas Crill senior associate Sarah Millar said that because Guernsey’s law on divorce was still different to the law in England and Wales, there may still be a significant number of couples waiting for final orders to be granted.

‘In England and Wales, you can get a divorce for any reason,’ she said.

‘In Guernsey however, there are certain factors that must have occurred during the marriage, including adultery, unreasonable behaviour, or a minimum of two years of separation with consent from both parties.

‘There could just be more people waiting for their two years of separation to occur.’

The law in Guernsey regarding divorces is set to change soon, with legislation published last year that would no longer require couples to be separate for two years before being granted a divorce. Known as ‘no-fault divorce’, the new legislation would bring Guernsey in line with England and Wales.

Ms Millar said that another reason for the drop may be down to more couples reverting to an alternative method of separation, known as judicial separation by consent.

‘If both parties reach an agreement with regards to a financial settlement and have decided what will happen to any children they might have, this can be recorded in a matrimonial court and signed by a judge, and so will become a binding court order,’ she said.

Ms Millar added that, despite lower numbers, she had not noticed a noticeable decrease in clients coming to see her.