Can I Get A Divorce?

Collas Crill is an offshore law firm with offices in BVI, Cayman, Guernsey, Jersey and London.

We deliver a comprehensive range of legal services to clients locally and globally in four broad practice areas: Financial Services and Regulatory; Insolvency and Corporate Disputes; Private Client and Trusts; and Real Estate.

Clients include some of the world’s leading financial institutions, international businesses, trusts and funds, as well as high-net-worth individuals and families across the globe. We continue to build a network of independent and trusted partners around the world including the Caribbean, the Channel Islands, the UK, Europe, the US, the Middle East, South Africa and Asia.

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Collas Crill family lawyer Alison Brown looks at how Islanders can get divorced.

Jersey Family and Matrimonial

Collas Crill family lawyer Alison Brown looks at how Islanders can get divorced.

Can I get a divorce?

Contrary to popular belief, you cannot obtain a divorce 'just because you want one'. Your circumstances will have to provide one of the grounds for divorce set out in Jersey law.

What are the grounds for a divorce?

There are a number of grounds for divorce including 'unreasonable behaviour', which includes cruelty. However, there are three common grounds on which you can apply for a divorce:-

that your wife or husband has committed adultery and you find it intolerable to live with them
that you have lived separately for one year and your wife or husband will agree to a divorce
that you have lived separately for two years

How do I get a divorce?

A divorce starts with the filing of a divorce petition with the Family Division of the Royal Court. There are detailed rules about the contents of a petition, notifying the other party and other procedural steps. If the court is satisfied that the grounds in the divorce petition are established, a decree nisi is issued. This may be made Absolute after six weeks and one day. You remain married until the Decree Absolute.

Will the court sort out the money?

The court is able to, but will only become involved if one of the parties makes a formal application. Once this has taken place the court will manage the process, which will include disclosing your true and complete financial situation. Questions can be raised and must be answered. The court will then organise a hearing, when it will decide how the available resources should be divided between you both. The interests of any children will be of considerable importance to the court when reaching its decision.

Can we sort out the money ourselves?

The court and family lawyers encourage parties to negotiate and agree matters between themselves if at all possible. It is generally best to be involved in the decision, which leaves you with some control over the outcome. A court may make an order that neither you, nor your wife or husband, like.

Can I do my own divorce?

This is possible, however, the formalities are detailed and we would strongly advise you to obtain legal advice.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.