Separated couples delaying divorces for new law to come in
SEPARATED couples have been putting their divorces on hold, ready for the introduction of the new no-fault divorce system, which finally came into force yesterday.
Previously, people who wanted to divorce or legally separate were required to prove matters like adultery, unreasonable behaviour or desertion.
Randell & Loveridge partner Elizabeth Couch, who specialises in family law, said this was a very welcome and long-awaited change. ‘Anything that removes acrimony from separation is welcome,’ she said.
‘The removal of fault can only bode well particularly when children are involved. This can only benefit both the parties involved.’
It has been four years since the States decided to reform marriage legislation to simplify the rules and mirrors similar changes brought into UK law in 2022. Changes to the law in Jersey are expected to be made next year.
‘It is good we are now in line with other jurisdictions,’ said Advocate Couch.
‘This previous divorce law dated back to 1939 and this campaign to change it has been going on for a long time. For both practice and clients we now have a law that is fit for purpose.’
Under the previous law, if there was no ‘fault’, couples needed to be separated for two years with the consent of both parties, or separated for five years if one party withheld consent for the divorce to proceed.
Advocate Couch said she had had clients in exactly this position. ‘During the last year we have certainly had clients putting their divorce on hold and waiting for the law to change before going ahead,’ she said.
‘The absence of proof and option of joint applications means divorce can be more of a consensus between couples.’
The new legislation also removes the ability to contest a divorce, modernises the grounds for annulment and changes how the court considers financial aspects.
Policy & Resources Committee president Lyndon Trott was pleased to see the commencement of the new law.
‘On a personal matter like divorce, modernising and simplifying the Law will not remove the emotional difficulties but will go a long way in supporting and reducing conflict for people in our community who are undoubtedly already experiencing a lot of stress and upset,’ he said.
‘For a long time, no-fault divorce has been recognised as a step forward, and together with other reforms under this legislation, the entire process will be updated and modernised.’
