MAJOR family law reforms have won the unanimous backing of politicians, paving the way for the introduction of no-fault divorces.
The Draft Marriage and Civil Partnership Law will replace the Matrimonial Causes Law from 1949 and is designed to bring the island up to date with modern practices used in other jurisdictions.
Home Affairs Minister Mary Le Hegarat hailed the new law as “modern, compassionate and practical”.
She added: “It aims to remove unnecessary conflict and provides greater clarity for families during what can be a challenging transition.
“It also balances fairness with flexibility, judicial discretion with predictability and individual rights with social responsibility.”
Under the proposals, couples would be able to apply for a divorce through a simple statement that the marriage has broken down irretrievably, without needing to assign blame, cite wrongdoing, or prove separation before legally ending their relationship.
The new law will enable future consideration to be given to pension matters, including pension sharing, and allow courts to refer couples to alternative dispute resolution services, as well as scrapping the minimum time period of three years before a marriage dissolution can be sought.
The introduction of no-fault divorces was recommended by the Violence Against Women Taskforce.
