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'No-fault' divorce moves a step closer

Separating couples won't have to wait three years before they can get a divorce, and won't have to prove wrongdoing.

The long-awaited changes to the island's eight decades-old divorce law have been agreed in principle by Jersey's parliament.

They will mean the introduction of 'no fault' divorces, meaning separating spouses will not have to give a reason, such as adultery or unreasonable behaviour, to end a marriage or civil partnership.

It will also do away with the minimum three years of marriage before a union can be dissolved.

Home Affairs Minister Deputy Mary Le Hegarat told the States Assembly the updates are about kindness and dignity.

"Jersey's current divorce law dates back to 1949, and although some amendments have been made, it is a product of its time.

"It forces couples to assign blame, or to endure years of separation before they can move on with their lives."

Deputy Mary Le Hegarat says the law should not trap people into relationships.

"Imagine two people who have simply grown apart, they agree their relationship has ended, but under the current law, they must wait at least three years before they can instigate divorce proceedings.

"That is not just; it is a system that fosters bitterness where there could be understanding.

"Applications for dissolution can be made at any time after the marriage or civil partnership begins, removing the need for years of waiting in limbo."

The ability to contest a divorce will also be removed, meaning when a relationship has ended, and one side has applied for dissolution, the other party cannot stop it or delay the process.

The courts will also have the power to refer couples to services that help resolve practical issues, such as child care and finances and in some cases, to explore reconciliation.

Work on introducing 'no fault' divorces began six years ago, but was paused during the pandemic.

They have been in place in England and Wales since 2022.  Jersey's government said at that time that it still had no timescale for the work to progress.

The legislation will be reviewed by scrutiny and is expected to return to the States Assembly for approval in February 2026.

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