'Outdated' divorce law in line for overhaul

Tuesday 23 January 2018

Jersey’s divorce laws could be subject to a radical reform with islanders being asked for their views on whether the 70-year-old laws need to change.

Among the proposed changes are the end of the three-year ban on divorces, the introduction of a 'no-fault' divorce and compulsory mediation.

A social media consultation was launched through the Apptivism.je app last weekend and will run until 3 February.  In just 10 hours, over 450 Facebook users responded to the live chat, which marks the first step in a major public consultation on divorce reform that will take place during this year.

The main issues include removing the three year bar on divorce - currently couples have to be married for three years before filing for divorce - and moving to ‘no fault divorce,' where either party can file for divorce without having to prove that the husband or wife was at fault. The reform also seeks to introduce joint filing and 'compulsory mediation,' where couples could be required to attend mediation to try and agree their divorce settlement before instructing lawyers and going to court.

Kristina Moore, the Home Affairs Minister said: “The States agreed, in principle, in 2015 that our divorce laws should be radically reformed. Our current law, the Matrimonial Causes Law 1949, is almost 70-years-old and does not reflect how people live today. Reform is long overdue.

“Our current system of divorce can be highly adversarial. Children and families of divorcing couples get caught up in the process and affected by the outcomes, especially where there are contested court proceedings."

Islanders are being asked to share their views through Apptivism.je, or on Facebook.