simplifying and modernising our island’s laws
Monday 26 October 2015
Today, the Jersey Law Commission publishes a report recommending radical reform to the Island’s divorce law.
Click here to read the full report 2015 Topic Report on Divorce
Among the changes proposed are:
It will now be for the States of Jersey to decide whether to accept the recommendations and, if so, how to implement them.
Advocate Barbara Corbett, appointed by the Law Commission to lead the project, said:
“The current Jersey law doesn’t encourage or facilitate reconciliation when a couple are separated prior to starting the divorce proceedings or during the proceedings – on the contrary, Jersey law actively discourages couples from trying to save their marriage. The Law Commission’s proposals support the institution of marriage and recommend ways in which marriage can be saved wherever possible”.
“It should be possible to obtain a divorce without apportioning blame. If a couple agree that their marriage is at an end they should be able to apply jointly for a divorce. There should be no need for court proceedings.”
Mr Clive Chaplin, chairman of the Jersey Law Commission said:
“The Law Commission exists to help bring about practical improvements in the Island’s legal system. Divorce is a matter of great significance to many people in Jersey. Between 240 and 260 couples start divorce proceedings every year. Many couples have children who, along with the wider family and the couple’s friends and colleagues, are all affected by the breakdown of a marriage. The Law Commission’s project provides a blueprint for better law that may help save some marriages and, where that’s not possible, make the process of ending marriages easier”.