Draft Marriage and Civil Partnership (Dissolution and Separation) (Jersey) Law 202- (P.85/2025) – Children’s Rights Impact Assessment

1)  Name and brief description of the proposed decision

The subject of your CRIA may be a proposed law, policy or proposition and in accordance with the Law is referred to in this template as the decision'

• What is the problem or issue the decision is trying to address?

• Do children experience this problem differently from adults?

The draft Marriage and Civil Partnership (Dissolution and Separation) (Jersey) Law 202- (the draft law), if approved, will repeal the Matrimonial Causes (Jersey) Law 1949 (the "1949 Law") and Parts 3 and 4 of the Civil Partnership (Jersey) Law 2012 (the "2012 Law"). It will give effect to the States Assembly's in principle decision, as set out P.77/2015: Same-Sex Marriage, Divorce and Dissolution, to introduce the principle of "no fault" dissolution of marriage (and civil partnership) into Jersey law. In addition to introducing no fault dissolution, the draft Law proposes several key reforms which reflect modern practices used in other jurisdictions and:

• allow couples to apply for dissolution at any time following the formation of their marriage or civil partnership;

• harmonise terminology by using the word "dissolution" for the legal ending of both a marriage and a civil partnership (it is acknowledged that people will still use the word "divorce" when referring to the legal ending of a marriage);

• permit either or both parties to apply for a dissolution;

• remove the ability to contest a dissolution application;

• enable future consideration to be given to pension matters including "pension sharing and

• allow additional time for couples to resolve their issues, with the Court having authority to refer them to alternative dispute resolution services when deemed appropriate.

These reforms reflect evolving societal values and align Jersey's approach with that of other jurisdictions that have adopted a more conciliatory legal framework for the dissolution of a marriage or civil partnership.

This emphasis on reducing conflict and a more conciliatory approach supports the broader policy of encouraging non-court forms of resolution of financial matters and child-related matters.

The States Assembly has previously endorsed the recommendations of the Violence Against Women Taskforce. The move towards "no-fault" dissolution is a positive

and progressive step that supports this work by reducing adversarial processes and promoting respectful separation thereby improving the position for children.

As highlighted, this draft Law replaces the current legislation governing divorce for married  couples  and  the  dissolution  of  civil  partnerships. The  existing  legal framework  prioritises  the  wellbeing  of  children  in  all  related  discussions  and agreements. This draft Law seeks to uphold and reinforce these well-established principles.

2)  Which groups of children and young people are likely to be affected?

Groups of children could include early years, primary or secondary education; young adults; children with additional learning needs; disabled children; children living in poverty; children from particular ethnic backgrounds; migrants; refugees; care experienced children and LGBTQ+ children

Children of all backgrounds - regardless of age, ethnicity or family structure - may be affected by the breakdown of their parents' marriage or civil partnership. The draft Law seeks to minimise conflict during the process, with the paramount aim of safeguarding children's existing rights and wellbeing, and promoting their welfare.

3)  What is the likely impact of the proposed decision on children and on their rights?

• Identify any potential positive OR negative impacts and include indirect impacts on children and their rights as described in the UNCRC

• Will different groups of children be affected differently by this decision?

While the draft Law does not alter children's existing rights, its impact is expected to be positive. Crucially, it preserves the court's primary duty; to safeguard the welfare and upbringing of all children up to the age of eighteen, and those over that age in tertiary education or where there are other special conditions.

The draft Law is based on the principle of reducing conflict during the dissolution process. By minimising emotional strain on adults, it aims – most importantly – to shield  children  from  the  negative  effects  of  parental  separation. Fault-based proceedings often obstruct forgiveness and co-operation, both of which are essential if a couple have children and are successfully to co-parent in the future.

Notably, the draft Law reinforces Jersey's already strong commitment to protect children's rights. It retains the court's existing power to delay issuing a separation order, or a final dissolution or annulment order, until the welfare and circumstances of any children involved have been thoroughly considered.

4)  Is a full Children's Rights Impact Assessment required?

If you have identified impacts on children and their rights, a full CRIA should be completed. If no impacts are identified then a Full CRIA is not required, but please explain your rationale and how you reached this conclusion

Yes. This draft Law replaces previous legislation, and it is important to affirm that the revised framework continues to place children's rights and well-being at the core of all procedures and decisions when a marriage or civil partnership, where there are children, comes to an end.

Family reunification (Art 10)

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Abduction and non-return of children abroad (Art 11)

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Right to a standard of living that is good enough to meet the child's physical and social needs and support their development (Art 27)

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Special protection for children unable to live with their family (Art 20)

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Best interests of the child in the context of Adoption (Art 21)

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Review of treatment whilst in care (Art 25)

If a child has been placed away from home for the purpose of care or protection (for example, with a foster family or in hospital), they have the right to a regular review of their treatment, the way they are cared for and their wider circumstances.

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Protection from violence, abuse or neglect (Art 19)

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Recovery from trauma and reintegration (Art 39) Children who have experienced neglect, abuse, exploitation, torture or who are victims of war must receive special support to help them recover their health, dignity, self-respect and social life.

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Basic Health and Welfare

Rights of disabled children (Art 23)

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Right to health and health services (Art 24)

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Right to social security (Art 26)

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Right to adequate standard of living (Art 27)

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Education, Leisure and Cultural Activities

Right to education (Art 28)

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Goals of education (Art 29)

Education must develop every child's personality, talents and abilities to the full

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Leisure, play and culture (Art 31)

Every child has the right to relax, play and take part in cultural and artistic activities

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Special Protection Measures

Special protection for refugee children (Art 22)

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Children and armed conflict (Art 38 and Optional Protocol #1)

Governments must do everything they can to protect and care for children affected by war and armed conflict.

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Children and juvenile justice (Art 40)

Right to be treated with dignity and respect, right to legal assistance and a fair trial that takes account of age.

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Inhumane treatment and detention (Art 37 (b)-(d)) Children should be arrested, detained or imprisoned only as a last resort and for the shortest time possible.

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Recovery from trauma and reintegration (Art 39) Children who have experienced neglect, abuse, exploitation, torture or who are victims of war must receive special support to help them recover their health, dignity, self-respect and social life

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Child labour and right to be protected from economic exploitation (Art 32)

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Drug abuse (Art 33)

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Sexual exploitation (Art 34)

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Abduction, sale and trafficking of children (Art 35)

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Protection from other forms of exploitation including for political activities, by the media or for medical research (Art 36)

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Children belonging to a minority or an indigenous group (Art 30)

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Optional Protocol on the sale of children, child prostitution and child pornography

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Optional protocol on the involvement of children in armed conflict

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6)  Information and research

What evidence has been used to inform your assessment?

Evidence collected (include links to relevant publications)

What did the evidence tell you?

What are the data gaps, if any?

Reports  have  been published  by  the  Jersey Law  Commission  which support the concept of "no- fault" divorce.

Information  from  England and Wales shows that the introduction  of  "no-fault" divorce  has  helped  to minimise conflict.

Aside from the indications that  the  amendments  are supported by members of the  legal  profession, including  the  Family Judge, and by members of the  public  who  would benefit from the proposed dissolution  processes, there are widely accepted benefits  in  minimising conflict in the dissolution process.

The full benefits and any potential  challenges  of introducing of "no-fault" divorce  and  the associated  amendments in the draft Law will only become  clear  once  the new  processes  are implemented  in  Jersey. Nevertheless,  the successful  adoption  of similar  reforms  in comparable jurisdictions

-  without  public opposition  –  indicates

that this approach offers meaningful advantages.

7)  Engagement with children

What groups of children and young people (or those who speak on their behalf, such as social workers, teachers or youth workers) have been directly or indirectly involved in developing the decision?

Groups consulted

How they were involved

What were the findings?

Due to the technical nature of this legislation, children were  not  consulted directly.   Children  will nonetheless  benefit  from the  changes  this  Law introduces  as  it  looks  to minimise  potential conflict  between  their parents  when  they separate  or  legally  end their  marriage  or  civil partnership.

There  was  a  public consultation on the  issue of divorce.

Drafts  of  the  Law  have been  discussed  with members  of  Jersey's Family  Law  Association and  other  legal representatives  including Jersey's  Family  Judge. These legal professionals are  involved  with  all matters related to divorce and  the  dissolution  of  a civil  partnership  and discuss  and  consider proposal  which  effect children on a regular basis.

There  is  support  for  the draft  Law  including  full support of the introduction of "no-fault" dissolution.

Concerns  and  comments were made as set out in the public  consultation. Consultation  has  been held with Jersey's Family Judge  and  members  of Jersey's  Family  Law Association. Individual concerns raised during this work have been addressed and updates made to the version of the draft Law prior to its lodging.

8)  Assessing Impact on children's rights

Based on the information collected and analysed above, what likely impact will the proposed decision have on the specific children's rights identified in question 5)?

Relevant UNCRC Articles (rights) identified in Q5

Describe the positive or negative impacts on these rights

Which group(s) of children are likely to be affected?

Guiding Principles

Best interests of the Child (Art 3) to be a top priority.

Respect for the child's views (Art 12)

The draft Law promotes the best interests of children by ensuring that the court considers their needs during the dissolution of a marriage or civil partnership.

This draft Law may affect any child whose parents formally separate or dissolve their marriage or civil partnership.

Family Environment and Alternative Care Respect for the responsibilities, rights and duties of parents (or where applicable,

The draft Law reinforces the principle that children's needs remain at the forefront throughout the dissolution process. It also introduces a new

This draft Law may affect any child whose parents formally separate or dissolve their marriage or civil partnership.

provision on interim occupancy orders to better support families including those that may be affected by domestic violence and abuse.

Education, Leisure and Cultural Activities Right to education (Art 28)

The draft Law preserves current provisions ensuring that financial arrangements can be made to support children throughout compulsory and tertiary level education.

This draft Law may affect any child whose parents formally separate or dissolve their marriage or civil partnership.

9)  Weighing positive and negative impacts

• If a negative impact is identified for any area of rights or any group of children and young people, what options are there to modify the proposed decision to mitigate the impact?

• Could any positive impacts be enhanced?  

No negative impacts have been identified. Positive impacts cannot be enhanced any further within the scope of the draft Law.

10) Conclusions

In summary, what are your key findings on the impact of the proposed decision on the rights of Jersey children?

In summary, this draft Law seeks to minimise conflict between couples choosing to dissolve their marriage or civil partnership, with the primary focus, where children are involved, on protecting their rights and well-being. By introducing a no-fault dissolution process, the draft Law aims to lessen emotional strain and parental disputes, thereby shielding children from the adverse effects of parental separation.