THE introduction of no-fault divorce in Jersey has been praised as a “welcome step forward” for domestic abuse survivors – but “further reform is still needed” to remove barriers around access to legal advice, housing security, and financial independence.
Approved by the States Assembly on Thursday, the new law will remove the long-standing requirement to prove “fault” – such as adultery, unreasonable behaviour or desertion when a marriage ends.
It also abolishes the three-year bar that currently prevents couples from applying for divorce within the first three years of marriage.
Instead, either spouse – or both jointly – will be able to apply for a dissolution simply by submitting a signed statement confirming that the relationship has irretrievably broken down. The ability to contest a divorce will also be removed.
The law also introduces new powers for the Royal Court, including the ability to order interim occupation of the family home and, in certain circumstances, to shorten timeframes where risk is escalating.
The introduction of no-fault divorce was one of the recommendations made in 2023 by the Violence Against Women and Girls Taskforce, which argued that fault-based systems can exacerbate risk and trauma for survivors of abuse.
Kate Wright, who chaired that taskforce and is chief executive of domestic abuse charity Freeda, described the move as “a significant and welcome step forward, particularly for survivors of domestic abuse”.
“For many survivors, the requirement to evidence ‘fault’ has historically prolonged conflict, increased risk, and allowed abusive partners to maintain control through the legal process,” she explained.
“Removing that requirement helps shift the focus away from blame and towards safety, dignity, and resolution.”
She added that survivors would “no longer need to publicly relive deeply personal experiences simply to progress proceedings,” reducing the trauma often associated with contested divorces.
“While divorce itself is never easy, a more streamlined and less adversarial process should help minimise opportunities for coercion or delay,” she added.
Mrs Wright also welcomed the strengthened court powers, saying judicial discretion to shorten timelines and grant interim occupancy orders “can make a real difference where risk is escalating”.
However, she cautioned that “further reform is still needed”.
“Survivors continue to face barriers around access to legal advice, housing security, financial independence, and trauma-informed court processes,” said Mrs Wright.
“Legislative change must be matched by sustained investment in support services and a wider cultural shift that recognises the dynamics of domestic abuse.”
