Island at one over making divorce easier

As consultations go, the ‘Divorce, judicial separation and marriage annulment’ shows that, in one area at least, the island is in blissful union.

The 80-year-old law setting out matrimonial matters has been amended several times over the decades but has clearly failed to keep up with the times.

Islanders are ready for wholesale reform.

And while it is not a referendum, Policy & Resources can take heart from the clear backing given to many of its proposals.

Almost 9 out of 10, for example, agreed that ending a marriage should be simpler so that couples can process a divorce themselves.

And 8 out of 10 wanted to get rid of the need for someone to be at fault so that divorce can take place.

About the same number wanted to make it impossible for one party to fight against the divorce.

It is all comment sense, of course. No one should be trapped in a marriage they want out of.

As one respondent put it: ‘If one person believes the marriage has broken down, then the marriage has broken down. Both people need to be happy for the marriage to be functional.’

And when it is clear that the relationship cannot be salvaged it should be as painless as possible, for the sake of both parties and any children.

That means keeping the costs down, reducing the need for lawyers and doing away with bitter courtroom battles and hurtful allegations that can prevent couples from getting on with their new lives.

There were a few matters in the consultation where the 158 islanders who responded were less unified. While they broadly agreed on the need for a cooling off period, there was debate about how long it should be.

But overall Policy & Resources and the States have a strong mandate to move on at pace with reforming the laws.

Ironically, the drafting of the new law is likely to be delayed by that most momentous, expensive and acrimonious of divorces – that of the UK and the EU.