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A public consultation into the reform of Guernsey's Marriage Law has found there is a majority calling for practical changes to the 100-year-old legislation surrounding divorce, separation and annulment.
Released statistics from the Matrimonial Causes consultation of 158 people show that modernisation is needed ahead of a policy letter being brought to the States.
The findings include calls for parts of the process to be completed online and barriers to be removed including a cause of "fault" in the breakdown of a marriage, such as adultery.
Although there have been additions to the law - including the introduction of gay marriage in 2017 - an overall review of the law's provisions is yet to be undertaken.
Deputy Gavin St Pier, President of the Policy & Resources Committee, 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consultation has confirmed that many Islanders feel Guernsey’s current law relating to the dissolution of marriage is out-of-date and in need of modernising. The Policy & Resources Committee is of the view that some aspects of the law are unhelpful, making an already difficult process more difficult. These findings seem to show the public have a similar view, but we will now consider the results in detail to determine how they inform the proposals we bring to the States later this year.”
Pictured: Deputy Gavin St Pier.
Some of the findings:
77% were very supportive of removing fault
58% were very supportive of removing separation periods
64% were very supportive of a simple notification system giving notice that the marriage had irretrievably broken down
73% agreed with removing the ability to defend a divorce
71% agreed with the proposal to maintain a ‘cooling off period’
84% agreed with the proposal to remove the requirement for the court to consider reconciliation
87% agreed with the proposal to simplify the current procedures so that couples can process the divorce themselves
90% agreed with the proposal to digitalise some or all parts of the process at a later stage, following the legal changes
Pictured: The Dean of Guernsey, The Very Reverend Tim Barker.
The Dean of Guernsey, The Very Reverend Tim Barker, said marriage remained a source of stability in "strange and turbulent times" and that reforms make the process "less painful".
“What I’d say is that whilst the break-up of a relationship is always a cause off sadness and regret it is appropriate and compassionate to make it as painless as possible whilst respecting the rights of the parties and protecting their best interests," he said.
“It’s important that there is a good and proper process that is compassionate and doesn’t cause more stress.
“I don’t think it’s ever easy because coming to a step of ending a relationship is hugely difficult, each relationship is unique. With the online aspect I would hope that both parties would have help because sometimes mistakes can be made and I wouldn’t want either party to miss out on their rights in the process.
“Modernisation is not a concern, I think it is tremendously important. I’ve read that in the UK more people are thinking about marriage, that’s good for the stability of relationships and equality in relationships.
“We are looking for certainty and belonging in strange and turbulent times,” he said.
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