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The States are asking for the public's views on a set of proposed changes to the 'matrimonial causes' legislation, that sets out how divorces, annulments and separations work in Guernsey.
Policy & Resources agreed to look at the law after the introduction of same-sex marriage, and that review is now ongoing.
Primarily among the proposals are plans to remove the need to allege 'fault' in a divorce, to remove defendable divorces, and to make the process more stream-lined and simplified.
Committee President, Deputy Gavin St Pier (pictured above), explained: "The proposed changes set out in the matrimonial causes public consultation intend to bring about changes that will support those going through a difficult time in their lives. By simplifying the process to try and reduce conflict and by ensuring that our legislation in this area is modern and inclusive, we will provide an appropriate support mechanism to couples who have made the decision to end their marriages.
"The Policy & Resources Committee’s preference at the moment would be a ‘no fault’ system that simply recognises that a couple’s relationship has irretrievably broken down. However, given the potential impact of these changes on many in the community it is important to hear the public’s view on the suggested changes before we proceed further."
Also on the agenda of the proposals are plans to make the whole process much more equal and inclusive.
Guernsey's Royal Court.
The survey itself asks for the respondents overarching views on divorce and what elements of a marriage breaking down should be prioritised. It then goes on to explain in great detail each element of divorce and annulment, and how they work now, alongside each of the proposals and ask for the views on those specific elements.
The findings from the consultation will help inform those proposals, and they will be combined into a Policy Letter to be presented to the States of Guernsey later in the year.
Before going out to the public, P&R held an initial targeted consultation, with those professionally involved in the system or who had been through the process of divorce or separation. Those responses supported many of the proposals, including the introduction of some form of no fault divorce.
The public consultation is available gov.gg/matrimonial/causes and will close on 28 April 2019.
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