Jersey is poised to make one of the biggest reforms to family law in decades, with ministers proposing the introduction of no-fault divorces – allowing couples to end their marriages without placing blame on either partner for the first time.
Home Affairs Minister Mary Le Hegarat, who lodged the proposed law on Friday, said that it would replace the Matrimonial Causes (Jersey) Law 1949 and bring the island up to date with “modern practices used in other jurisdictions”.
Under the proposals, couples would be able to apply for a divorce through a simple statement that the marriage has broken down irretrievably, without needing to assign blame, cite wrongdoing, or prove separation before legally ending their relationship.
Deputy Le Hegarat explained that the opposition to no-fault divorce stemmed from concerns that it would make ending a marriage or civil partnership too easy and undermined the value of these relationships.
The minister said that no-fault divorces do not undermine marriages and are fully compatible with efforts to help couples stay together.
A divorce or dissolution is already possible under the current fault-based system when someone decides a relationship is over, she explained, adding: “The change to a no-fault basis for dissolution is unlikely to increase the rates of couples who choose to legally end their marriage or civil partnership.”
The introduction of no-fault divorces was recommended by the Violence Against Women Taskforce. The move has been dubbed a “positive step in support of this work, removing the need for applicants to disclose any reason for a dissolution application”.
The proposition states: “Under the current law, abusive partners can also contest or defend a divorce or the dissolution of a civil partnership, potentially subjecting partners to more trauma.
“The draft law enables either spouse or civil partner to request a dissolution of their marriage or civil partnership by simply declaring that they no longer wish to remain in the marriage or civil partnership.
“The court has discretion to shorten the period before a dissolution is made final in appropriate cases and potentially for those where there is a need to support and protect vulnerable individuals.”
The new law would also allow the court to order that either person from a marriage or civil partnership can remain on an interim basis in their accommodation in an effort to provide “additional protection and stability for those at risk”.
The overall percentage of marriages and civil partnerships which end in divorce has remained consistent at approximately 40% over the past few years.
The proposition explained: “Children and the families of divorcing and separating spouses, and those where civil partnerships break down, inevitably get caught up in the process and are affected by outcomes, especially if there are prolonged and contested court proceedings.
“Depending on the circumstances, divorce may impact on housing, social security, health and education services.
“Divorce, dissolution and separation are likely to have a detrimental effect on people’s incomes, wealth, and emotional wellbeing, and it is important that the law does not cause more stress and confrontation to those affected than is necessary.”
The proposed change follows decades of debate about whether the island’s law is out of step with contemporary standards. England and Wales removed fault-based requirements in 2022, with Scotland and many other jurisdictions having done so earlier.
Jersey is now set to follow suit, with ministers arguing that maintaining the current framework is “neither sustainable nor desirable”.
Politicians will debate the change on 25 November at the earliest.