Long-awaited 'No fault' divorce introduced in Guernsey

Thursday, 18 July 2024 06:00

Couples in Guernsey can finally divorce without apportioning blame.

An overhaul of the law comes into effect today (19 July).

Until today, people wanting to divorce had to prove adultery, unreasonable behaviour, desertion, or that they had been separated for two years if they both wanted the split, or five years if only one party was requesting it.

It has been more than four years since the States agreed to draw up legislation for a 'no fault divorce' replacing rules made in 1939.

It had been expected the changes would be introduced in early 2023. England and Wales made the move in April 2022.

The reformed Matrimonial Causes (Bailiwick of Guernsey) Law, 2022 no longer includes the requirement to prove one of the five facts.

It states the sole reason required for divorce is that the marriage has 'broken down irretrievably'.

The change hopes to reduce unnecessary conflict, stress and upset.

Further alterations include removing the ability to contest a divorce, and modernising the grounds for having a marriage annulled.

Extra clarity around financial matters for parting couples are also set out.

Deputy Lyndon Trott, Chief Minister, hopes it will go a long way to supporting people going through a break-up:

"For a long time, no-fault divorce has been recognised as a step forward, and together with other reforms under this legislation, the entire process will be updated and modernised."