Islanders are also being asked to give their views on other key aspects of Jersey’s family law, including divorce and civil partnerships.
Currently, a couple have to be married for three years before filing for divorce, and Islanders will be asked to share their views on whether that requirement should be lifted.
Islanders can also give their opinion on whether ‘no-fault divorce’ should be introduced, which would allow couples to divorce without having to prove that their spouse was at fault. Currently, the spouse filing the divorce has to claim that the other spouse is responsible for ruining the marriage.
Thirdly, people will be asked for their opinion on whether or not a spouse’s ability to contest a divorce should be removed from law.
On civil partnerships, Islanders will be asked if they should be extended to opposite-sex couples, as currently they are available only to same-sex couples or, alternatively, whether civil partnerships should be closed to new couples.
A UK Supreme Court ruled in June 2018 that it was discriminatory to allow only same-sex couples to enter into a civil partnership.
Finally, Islanders will be asked their opinion on whether the minimum age of marriage should be raised from 16 to 18 following a recent recommendation to review it by the United Nations Committee on the Convention of the Rights of the Child, which refers to marriage of those under 18 as ‘child marriage’.
Home Affairs Minister Len Norman said that the current divorce and civil partnership laws did not reflect how people lived today and were discriminatory.
However, he added that they would not abolish civil partnerships altogether, because that would be unfair on those who were already in a civil partnership.
He added: ‘I want to know Islanders’ views on allowing marriages with young people who are 16 and 17 years old. The Oversight Committee of the United Nations’ Convention on the Rights of the Child, which applies in Jersey, refers to marriage of those under 18 as ‘child marriage’.
‘I’d therefore like to know what Islanders would think about raising Jersey’s minimum age for marriage to 18.’
The consultation launched last week will remain open for 12 weeks.
