Divorce law changes needed

Dating back to 1939 and not changed substantially since, it reflects a very different society. Marriage breakdowns are difficult and painful and the current legislation can simply serve to amplify that.

The island needs change so there is a system in place that offers support, not one that leads to unnecessary recrimination, adversity and costs.

We need to shift away from requirements to show fault or that unduly drag out periods of separation in a way that prevents people from moving on with their lives. Ongoing conflict of the type bred by an outmoded law has a profound impact on anyone involved, especially children.

Policy & Resources’ desire to introduce some form of no fault divorce is welcome and mirrors similar work being done in England and Wales. Having moved forward with same-sex marriage, there is also now a lack of equality in how the matrimonial clauses law applies which needs to be resolved.

This is also an important opportunity for government to think about the services on offer to help couples reconcile should they wish to do so, or to access mediation, and address the lack of awareness of them.

Currently there are five different grounds for divorce: adultery, unreasonable behaviour, desertion or in a no-fault scenario separation for two years (with the consent of both parties) or separation for five years if either spouse does not consent. In Jersey and Scotland, these time periods are one and two years respectively.

Under a no fault divorce, it could simply be the case that those wanting to divorce notify the court of the intention stating that a marriage has broken down irretrievably. There is a need for the whole process to be simplified, ending the requirement to shuffle paperwork and resort to legal representation.

There will be some opposed to making divorce easier and keen to protect the institution of marriage – this is the chance for those voices to be heard too. With a consultation period under way, this is an important time for everyone to influence how the island refines the new legislation.