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WQ.224/2023
WRITTEN QUESTION TO THE MINISTER FOR HOME AFFAIRS BY DEPUTY G.P. SOUTHERN OF ST. HELIER CENTRAL QUESTION SUBMITTED ON MONDAY 15th MAY 2023
ANSWER TO BE TABLED ON MONDAY 22nd MAY 2023
Question
“Will the Minister advise of any ongoing or intended work in relation to updating the Matrimonial Causes (Jersey) Law 1949; and if such workstream exists, what proposed changes are included within it?”
Answer
As set out in my Ministerial Plan for 2023, progressing reforms to Jersey’s divorce processes, as set out in the Matrimonial Causes (Jersey) Law 1949, is one of my key priorities. Work is progressing to bring the required legislative and other amendments forward, post 2023, with changes proposed in the following areas:
• Removal of the requirement for three years of marriage before divorce proceedings can commence;
• The introduction of “no fault” divorce. The proposed amendments will remove the existing fault- based reasons for divorce from Jersey’s legislation;
• Amendments which allow “joint filing” for divorce;
• The introduction of “no contest” divorce;
• Increasing the time frame between the granting of a decree nisi and decree absolute;
• Introducing Regulation making powers to enable matters such as pension sharing to be
considered at a future time.
The focus of these proposals is on diffusing potential conflict, building in time for reflection and reconciliation and removing those barriers that hinder couples who decide to try and reconcile their differences, for example introducing an extended minimum timeframe between decree nisi and decree absolute and allowing spouses to continue to live together during that period.
Similar amendments will be brought forward to the Civil Partnership (Jersey) Law 2012 so that there is alignment for married couples who seek a divorce and those in a civil partnership who seek a dissolution of that partnership.