Guernsey's 'no fault divorce' law reform delayed

New laws being introduced to modernise divorce and separation proceedings on Guernsey have been delayed.

Reforms include establishing no-fault divorce, making annulment proceedings simpler and removing the capacity to contest divorces.

The changes were due to come into force by the end of 2023, but are now expected by the end of June 2024.

The government said the delay was caused by "the prioritisation of more urgent legislation."

The process to enact the changes came after a 2015 resolution which called for recognition "that there was a need for the law to be reformed to ensure that it was both inclusive and reflective of modern society."

The law currently required one of five faults which must be proven before a divorce can take place.

These are specifically adultery, unreasonable behaviour, desertion, two years of consensual separation or five years of non-consensual separation.

The States Assembly approved the new Matrimonial Causes Law in 2022.

One partner, or both acting together, can file for divorce, without having to give a reason or apportion blame.

A statement that their marriage is over will, in most cases, be all the proof the court needs.

There is a 20-week period between starting proceedings and applying for a conditional order, and a further six-week period before divorce is granted.

The same no-fault rule applies to the dissolution of civil partnerships.

Judges would still step in to resolve disputes over children, maintenance or the just division of wealth.

Source: The Law Society

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