The Very Rev Bob Key has said that proposals to place greater emphasis on marital reconciliation – including setting up a resolution service to help couples save their marriage – which have been made by the Jersey Law Commission are ‘a very good thing’.
However, Mr Key warned that proposals to introduce a ‘no fault’ legislation to allow couples to split without having to apportion blame would need to be implemented carefully and also highlighted concerns with proposals to make pre-nuptial agreements legally binding.
On Monday, the commission released a report that proposed an overhaul of the Island’s divorce laws.
Among the proposals are calls to allow couples to receive a quick divorce within three months of filing for a split when both parties agree.
- 2011 227 divorces, approximately 515 marriages ?
- 2010 246 divorces, 546 marriages ?
- 2009 245 divorces, 541 marriages ?
- 2008 255 divorces, 592 marriages
The proportion of adults who are married has been declining over the last several decades, whilst the number divorced (and not remarried) has increased from 21 per 1,000 adult population in 1971 to 101 per 1,000 population in 2011.
*Statistics from the States Census in 2011 (the latest available)
The report also seeks to remove a waiting period which means that couples must be married for three years before being able to file for divorce.
Currently, a divorce petition can only be accepted within the three-year waiting period if ‘exceptional hardship is suffered’ or there is ‘exceptional depravity’ from one of the couple.
Each year around 250 couples in Jersey begin divorce proceedings.
Mr Key said: ‘I welcome the emphasis in the report on the reconciliation of a marriage and agree that everything should be done, when a marriage is under stress, to bring mediation where possible.
‘I believe that we should not do anything that weakens the constitution of marriage.
‘We need to make sure that we strengthen marriage.
‘However, we cannot manacle two people who simply do not want to be together anymore.’
Under the current divorce laws, a couple can sign a pre-nuptial agreement but the contract does not necessarily have to be recognised by a court.
Mr Key said that making any pre-nuptial agreements legally binding may increase the likelihood of marital breakdown.
He added: ‘Circumstances may well have changed between the moment a pre-nuptial agreement is signed and the moment a divorce is filed.
‘If a husband starts being violent towards his wife, is it right that he should be relieved of his financial responsibility because of a pre-nuptial agreement?’
Discussing the implementation of a ‘no fault’ divorce, Mr Key said that there were occasions where blame did need to be assigned.
He said: ‘No-fault divorce is all very well but actually the truth of life is that sometimes there is fault.
‘We should make sure that the vulnerable are protected from anyone who has a track record of violence or adultery.’
For the recommendations to come into force, the States would have to approve any changes to the divorce law.
