Friday 01 March 2024
Commencement of The Matrimonial Causes (Bailiwick of Guernsey) Law, 2022, is expected to take place by the end of June 2024. Originally, it was anticipated the Law be commenced by the end of 2023, however, the implementation process is taking longer than expected due to the prioritisation of more urgent legislation.
The States of Guernsey agreed to repeal and replace the Matrimonial Causes Reform Law (Guernsey), 1939, in 2020 and the legislative drafting was made a priority under the Government Work Plan in 2021. The States Assembly debated and approved the resulting Matrimonial Causes (Bailiwick of Guernsey) Law, 2022 in July 2022 and Royal Assent was obtained at the end of 2022.
The aim of the reform was to modernise and simplify the legislation to try to reduce unnecessary conflict, whilst ensuring that the legislation is inclusive, fair, and is consistent and compliant with international standards. The new legislation will introduce 'no fault' divorce, remove the ability to contest a divorce and remove the requirement for the court to consider reconciliation.
