No fault divorces are now possible from today, four years after the States agreed to stop couple having to explain to the courts why a marriage must end.
Several western countries have already adopted similar reforms to prevent unnecessary grievances following the breakdown of a marriage.
Consultations last decade showed majority support for reforms but competing priorities have seen the implementation of the new set up delayed.
Legal separation before today could only be achieved by proving either adultery, unreasonable behaviour, desertion, two years of mutual separation or five years of separation without consent of either individual.
The new modernised laws only require the irretrievable breakdown of a marriage, which has been internationally accepted will prevent unnecessary conflict at an emotionally draining time.
Divorces can no longer be contested, while the grounds for annulment are simplified and it will be set out much clearer to parties the financial elements of divorce and the separation process to manage expectations.
States members also narrowly backed an amendment seeking to raise the legal age of marriage from 16 to 18 year olds, but it will only be considered by Policy & Resources as part of any future review of marriage laws which are not immediately on the horizon.
Pictured: Deputy Lyndon Trott presented the law to the States this week.
Deputy Lyndon Trott, Policy & Resources President, said the changes would “remove the emotional difficulties but will go a long way in supporting and reducing conflict for people in our community who are undoubtedly already experiencing a lot of stress and upset.
“For a long time, no-fault divorce has been recognised as a step forward, and together with other reforms under this legislation, the entire process will be updated and modernised.”
The public consultation, which ran in 2019, revealed that 77% of respondents were “very supportive” of removing the fault clause, and strong support was also shown for simplifying the current procedures.
At the time the then-President of Policy & Resources, Deputy Gavin St Pier, 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consultation has confirmed that many islanders feel Guernsey’s current law relating to the dissolution of marriage is out-of-date and in need of modernising."
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