Government urged to open civil partnerships to all

Wednesday 01 May 2019

Islanders are urging the government to make civil partnerships available to all couples, regardless of gender.

The calls came in response to a government consultation, which sought views on whether heterosexual/mixed-sex couples should also be allowed to legally register their partnership and enjoy the same benefits of marriage without having to do so.

72% of respondents shared that opinion, while some expressed concerns that extending civil partnerships would simply create a “second tier” of marriage.

“In this age of equality, all options should be available to all people no matter what gender,” one respondent wrote.

Pictured: Islanders want civil partnerships to be made available to all couples.

The consultation also looked into the island's divorce processes, which a majority of respondents said should be made easier through the introduction of a ‘no-fault’ divorce, joint filing and the abolition of the three-year bar before filing, in a bid to avoid further conflicts between partners and preserve children.

Responses also showed that islanders want to get rid of the ability for either party to contest a divorce and for civil partnerships to be made available to all couples, regardless of their sexual orientation.

They overwhelmingly (94%) supported the introduction of joint filing, with one respondent noting it would encourage “collective responsibility” and would reduce stress for everyone involved, especially children.

Over two thirds (71%) also called for the end of fault-based divorce. Jersey is one of relatively few jurisdictions where fault-based divorce exists, with five fault-based grounds unreasonable behaviour, adultery, desertion, mental disorder and imprisonment. 

Pictured: Citing fault in divorce only creates "animosity" between parties according to a local lawyer.

The UK government recently pledged to end fault-based divorce - something welcomed by a local family lawyer who has been campaigning on the issue for many years, Advocate Barbara Corbett.

The majority of respondents felt that citing fault in divorce proceedings only creates “animosity” between parties and prevents them from reach a mutually acceptable resolution, as one family law professional said. Rifts and tensions between parents can then affect the family’s children.

“Fault-based divorce does nothing to allow couples to move on with their lives, it causes unhappiness and distress and has consequential effects on the arrangements for children and financial settlements. It is time that people are allowed to leave unhappy marriages without having to blame anyone else,” one islander wrote.

Another commented that the requirement for finding fault “undermines attempts to have as amicable a process as possible, which is key for future interactions particularly as to children.” 

Pictured: Tensions between parents can affect children.

Half of respondents also stated that if one party no longer wishes to remain married, they should not be forced to wait until the prescribed period of separation – one year if both spouses agree to divorce or two years if only one does - is over.

Comments expressed concerns that the current period of separation could lead to “personal anguish and potentially mental health issues” if one of the spouses wishes to separate but cannot. 

Others said it was “unreasonable” to expect couples to stay married when their relationship has broken down and that to get rid of the separation period would allow them to move on with their lives. It was also noted that the time period could allow a “controlling spouse” to delay the divorce and keep control.

Some respondents also noted that due to the nature of the local housing market, some couples may not be able to have two independent households, making it harder to prove the separation. 

Pictured: Connétable Len Norman, the Home Affairs Minister, will bring forward changes to the law.

“Achieving separation in order to commence divorce proceedings can also be practically difficult, particularly in cases where there are limited resources and the parties have no option but to remain living together in the former matrimonial home pending resolution of their finances.

"Advising clients to maintain "separate households" within the former matrimonial home is highly artificial and frequently detrimental where the parties’ children are also living in the home,” one lawyer commented. 

Following the consultation's conclusion, the Home Affairs Minister, Connétable Len Norman, commented: “It is clear from the responses to the consultation that the island’s divorce law needs reforming. When relationships break down and couples take the decision to divorce, the law should allow them to resolve matters as constructively as possible. The law should work to minimise unnecessary conflict during what is highly stressful and upsetting process. 

“Consultation respondents also clearly stated that they believe civil partnerships should be available to all couples. The predominant view was that people should be able to choose a civil partnership as an alternative to marriage. There was also a clear consensus among respondents that we should raise the age of marriage to 18 years old.” 

Work will now start on developing the necessary law changes which will then be presented to the States Assembly for debate.