Tuesday 30 July 2019
A consultation on Guernsey's law governing how people divorce, legally separate or annul a marriage and related issues has found there is significant public support for reforming the current legislation.
The findings of the consultation will be used to inform a Policy Letter that will be brought to the States of Deliberation later in 2019.
158 people responded to the consultation that asked questions and invited comments on a wide range of issues including legal aspects such as the need for separation periods or for 'fault facts' to be retained for example adultery and unreasonable behaviour, and the practical elements of the process, such as whether it should be possible to carry out aspects of the process online.
Here are some of the key findings:
- 77% were very supportive of removing fault
- 58% were very supportive of removing separation periods
- 64% were very supportive of a simple notification system giving notice that the marriage had irretrievably broken down
- 73% agreed with removing the ability to defend a divorce
- 71% agreed with the proposal to maintain a 'cooling off period'
- 84% agreed with the proposal to remove the requirement for the court to consider reconciliation
- 87% agreed with the proposal to simplify the current procedures so that couples can process the divorce themselves
- 90% agreed with the proposal to digitalise some or all parts of the process at a later stage, following the legal changes
Deputy Gavin St Pier, President of the Policy & Resources Committee, said:
"The consultation has confirmed that many Islanders feel Guernsey's current law relating to the dissolution of marriage is out-of-date and in need of modernising. The Policy & Resources Committee is of the view that some aspects of the law are unhelpful, making an already difficult process more difficult. These findings seem to show the public have a similar view, but we will now consider the results in detail to determine how they inform the proposals we bring to the States later this year."
