The amendments, which were passed without debate or opposition, bring the Island into line with the UK and are expected to lead to a rise in the number of people seeking divorce.In addition to the changes regarding adultery, the amendments also aim to make it easier for the victims of domestic violence to escape an abusive spouse.Instead of having to prove the ‘cruelty’ of a spouse, partners will now have to show that he or she acted so ‘unreasonably’ that they could not be expected to stay.The third change contained in the Draft Matrimonial Causes (Amendment No 11) Law affects the residential status of those getting divorced.Under the existing law, a husband could only petition for divorce if he was domiciled (permanently resident) in the Island, whereas a wife could petition if she had been ordinarily resident in Jersey for more than three years immediately preceding her petition for divorce.
The new law means that both parties would have had to be resident in the Island for one year before they could petition for divorce.The changes, which were proposed by the Legislation Committee, have been welcomed by women’s rights campaigners and the Dean, the Very Rev John Seaford.Speaking in the States yesterday, the president of Legislation, Deputy Roy Le Hérissier, said that the changes would make the divorce law both fairer and more flexible, and would allow the courts to look at the overall context of a marriage rather than focusing on one incident.’We are in no way saying that we condone adultery, but a single act would not in itself be a cause for the breakdown,’ he insisted.Senator Wendy Kinnard said that, historically, it had been very difficult for a woman to prove that her husband had been ‘cruel’ because the legal test was ‘very, very high’.
She added that the drawn-out divorce system had often resulted in the wearing down of the victim.She believed that the changes in respect of adultery as grounds for divorce could help to buttress family life rather than lead to a moral decline.Speaking this morning about yesterday’s debate, the Dean said that he supported the move and had been prepared to speak in the House yesterday had it been necessary to convince Members.’We are getting away from guilt and the apportioning of blame and we are just recognising the irretrievable breakdown of marriage,’ he said.The president of the Jersey Law Society, Advocate Alan Binnington, said that the new law would probably lead to a rise in the number of people before the divorce court because of the changes in residential qualification.
He explained that it might be harder to get a divorce because of the changes to the law regarding adultery, although ‘unreasonable behaviour’ would be easier to prove than what he described as the ‘archaic’ term of cruelty.
