How the new Marriage and Civil Partnership (Dissolution and Separation) (Jersey) Law differs from the Matrimonial Causes (Jersey) Law 1949

The Marriage and Civil Partnership (Dissolution and Separation) (Jersey) Law is very different from the old Matrimonial Causes (Jersey) Law 1949. The newer law modernises the system and makes it simpler, fairer, and less confrontational.

The biggest difference is how divorce is granted. Under the 1949 law, a person had to prove that their spouse was at fault, for example through adultery, cruelty, or desertion. This often led to arguments and blame. In contrast, the new law uses a “no-fault” system. This means a person only has to say that the relationship has broken down, and the court will accept this without asking for proof. This makes the process much easier and less stressful.

The procedure itself has also changed. The 1949 law involved a more formal and complicated court process, often with evidence and hearings. The new law is more straightforward. Couples can apply together or individually, and the process happens in two stages (a conditional order followed by a final order). This makes it more accessible and less time-consuming.

Another important difference is the tone of the law. The old system encouraged conflict because one person sometimes had to blame the other. The new law encourages cooperation, especially by allowing joint applications. This helps reduce hostility between separating couples.

The scope of the law has also expanded. The 1949 law only applied to marriage, whereas the new law applies to both marriages and civil partnerships. This reflects modern society and ensures equal treatment.

There is also a stronger focus on children. While the 1949 law did consider children, the new law places much greater emphasis on their welfare. The court must think carefully about children’s needs before finalising a divorce, especially in terms of financial support and living arrangements.

Financial powers have been improved as well. Under the 1949 law, the court had more limited options. The new law gives the court wider powers to divide property, order maintenance, and share pensions. It also aims to achieve fairness and, where possible, allow both parties to become financially independent (a “clean break”).

Overall, the new law replaces an old-fashioned, often blame-based system with one that is more modern and practical. It focuses on reducing conflict, protecting children, and making the process of separation clearer and fairer for everyone involved.

‍