The Jersey Law Commission has called for radical reform of the island’s divorce law.
In a report published this week, the commissioners call for a three-month fast-track divorce process where there is no dispute over children and finances.
The concept of “fault” would be removed from the process, under their recommendations, and court proceedings would be reserved for any issues that the couple could not resolve themselves. Reconciliation processes would be emphasised wherever possible, with alternative dispute resolution services offered to couples. Pre-nups and post-nups would be legally binding, and the current three-year waiting period before divorce can be started would be abolished.
Advocate Barbara Corbett, who led the project, says: “The Law Commission’s proposals support the institution of marriage and recommend ways in which marriage can be saved wherever possible. It should be possible to obtain a divorce without apportioning blame.”
