No Fault Divorces are Coming

Islanders will be able to be granted a no fault divorce from April 3 2023.

The Divorce, Dissolution and Separation Act 2020 began life as a Private Member’s Bill from Garff MHK Daphne Caine.

The act aims to reduce the potential for conflict amongst divorcing couples by removing the ability to make allegations about the conduct of a spouse and allowing couples to end their marriage jointly.

The act also introduces a minimum period of 20 weeks between the start of proceedings and application for provisional order. This was done to provide couples with a ‘meaningful period of reflection and the chance to reconsider’ and to enables couples to ‘cooperate and plan for the future’.

However this can be shortened by the courts.

It will no longer be possible to contest a divorce, except on limited grounds including jurisdiction.

Mrs Caine said: ‘Happy to see this public announcement from the General Registry confirming the implementation date – following a Private Member’s Bill I took through the House of Keys. It’s little later than expected but very welcome.’

Whether you are an advocate or applying for a divorce yourself:

• from March 31 2023 you will no longer be able to apply under the current procedures
• from April 3 2023 you will only be able to apply under the new procedures