News and Insights

What you need to know:

• Divorce is a two-stage process.
• At the first stage, a decree nisi is granted by the Court.
• At the second stage, provided six weeks has passed since the decree nisi was granted and provision has been made for any children of the marriage, application may be made for a decree absolute. The parties are then free to re-marry if they wish.
• To obtain a divorce in Jersey it is necessary for at least one party to be domiciled or resident in the Island. Either the husband must be domiciled here or, if he is not, the wife must have been ordinarily resident in the Island for a minimum of one year before the divorce petition was issued.
• A couple must have been married for at least three years before a divorce can be obtained. Exception will only be made to this rule if it can be proved that waiting for the three-year period to elapse would cause exceptional hardship for the party seeking the divorce or that the spouse is guilty of exceptional depravity.

Grounds for divorce in Jersey are as follows:

• Adultery.
• Desertion for two years.
• Separation for one year with the consent of both parties.
• Separation for two years.
• Unreasonable behaviour.
• Unsoundness of mind.
• Life imprisonment/imprisonment for 15 years.

The most common grounds used are unreasonable behaviour and one year’s separation with consent.