How to get Divorced in Jersey

How to get Divorced in Jersey

The breakdown of a relationship is never easy, and the thought of seeking legal advice can be daunting to say the least. The purpose of this guide is to provide those contemplating separation or divorce proceedings with a basic understanding of the process involved.

How do I start Divorce Proceedings

There are three hurdles to overcome before divorce proceedings can be started in Jersey:

In brief, these are:

1. The parties have to be married for at least 3 years;

2. The parties have to be domiciled in Jersey, or either of them must have been habitually resident in Jersey for one year prior to issuing divorce proceedings; and

3. There must be “grounds” for divorce.

To explain these in more detail:

1. 1. A petition cannot be filed until the day following your third wedding anniversary (there are some very limited and exceptional circumstances where divorce proceedings can be started at an earlier date but they are rarely applicable).
2. 2. Domicile has a number of factual and legal facets to it but generally it means the place that a person treats as their permanent and established home. Habitually resident means where you have “established, on a fixed basis, [your] permanent or habitual centre of interests”
3. 3. Lastly, there must be grounds (i.e. a basis) for divorce. There are several possible grounds for divorce. Jersey does not currently have “no fault” divorce, although it does allow for divorce if the parties have been separated for a period of time. In order to issue divorce proceedings immediately (without having a period of separation), one party must place the blame on the other (e.g. adultery or unreasonable behaviour).

The most common grounds are:

a) One party has, since the celebration of the marriage, behaved in such a way that the other party cannot reasonably be expected to live with them (“unreasonable behaviour”). If claiming unreasonable behaviour, the current approach is to keep allegations regarding the relationship breakdown as anodyne as possible to avoid raising the temperature or causing future arguments about the reasons for the breakdown of the marriage. However, there may be some tension between meeting the threshold for unreasonable behaviour whilst not causing unnecessary upset to the respondent;

b) Both parties have lived apart for a continuous period of at least one year immediately preceding the presentation of the petition and both parties consent to a divorce being granted (“one year’s separation with consent”);

c) Both parties have lived apart for a continuous period of at least two years immediately preceding the presentation of the petition (“two years separation without consent”);

d) The other party has committed adultery and the petitioner finds it intolerable to live with the respondent (“adultery”) (not applicable in the case of the dissolution of a civil partnership).

Divorce – Procedure and Paperwork

Divorce proceedings are started by one party called the “petitioner” issuing a petition which sets out certain prescribed details about the parties, their children (if any) and the grounds for seeking a divorce.

The petition and related forms (the divorce papers) are sent to the Court, together with the original marriage certificate and a fee which is payable to the Court. The Court permanently retains the original marriage certificate.

Where there are children, the divorce papers will include a statement of arrangements for the children. In this document the parties set out their intentions (or agreement, where possible) with respect to matters such as residence (where the child is to live), contact (how much time the child has with the other parent), schooling, childcare and so on.

Once the Court is satisfied that the divorce papers are in order, they must be served by the petitioner upon the other spouse who is called the “respondent”.

Decree Nisi and Decree Absolute

Assuming the petition is not defended, once the respondent has returned their documents to the Court, and you have sworn an affidavit confirming you wish to continue with the divorce, the Court will grant the Decree Nisi. The grant of Decree Nisi confirms that the Court is satisfied that the parties are entitled to a divorce, but it does not of itself end the marriage. It is the pronouncement of Decree Absolute which dissolves the marriage and this can be obtained upon application by the petitioning party, six weeks and one day after the date of Decree Nisi, or by the responding party once three months have elapsed. Pronouncement of Decree Absolute, means that the parties are no longer married and are entitled to remarry. The timing of an application to make a Decree Nisi “Absolute” may be an important consideration as certain rights may be lost upon divorce (such as pension rights, insurance benefits, and social security entitlement).

It is usual for property and financial matters to be finalised before the Decree Absolute is granted. Where there are children, the Court will be reluctant as a matter of practice to grant Decree Absolute until the arrangements for the children have been finalised between the parties.