Jersey's 'outdated' divorce laws are being exploited by domestic abusers, campaigners claim

There are fresh calls from Jersey campaigners to update the island's "restrictive and outdated" divorce laws.

The rules currently dictate that couples who both want to separate must be apart for at least a year before they can initiate divorce proceedings.

Couples must also be married for at least three years before they can file for divorce.

It puts the island out of step with Guernsey, which changed its laws last year.

For those leaving abusive relationships, this can prolong a painful process.

'Claire', not her real name, claims she left her husband due to abuse, but had to wait two years before finally being able to officially separate.

She explains: "It takes so much of your strength and pretty much everything you have to leave in the first place, and then you just have this period of hanging over you that contact has to resume at some point.

"There's no finality to it, you're just stuck knowing that all those feelings and all that pain and trauma are all going to come back to the forefront of your life, and again couple of years down the line."

Claire says it makes moving on "impossible", adding: "The divorce that you want you can't have, and during that time, you're still connected to that person.

"It's the last thing that you need or want in your life, and during that waiting period, there is no moving on."

Jersey's law was made in 1949, and unlike in Guernsey and the UK, it does not have a 'no-fault' option, which allows spouses to end their marriage simply because they want to.

Two people can separate if certain criteria are met, which include finding fault or a period of separation ranging from a year to two years, depending on circumstances.

There are concerns that the law is being manipulated by abusers to emotionally harm their spouses and children.

Kate Wright, Chief Executive Officer of the domestic abuse charity FREEDA, says: "It's clearly outdated. Divorce shouldn't be a second site for abuse, but at the moment, Jersey laws do not offer protection to survivors from economic, legal and emotional abuse, long after they've left their abuser.

"The impact on women is re-traumatising; it prolongs the pain, and it allows the abuse to continue, sometimes for years.

"The other victims in this are the children who often end up being pawns in the family court system and victims of coercively controlling, abusive partners.

"Of course, it's not just women who may be victims in that regard; it can be men.

"The fact is, coercive control is illegal in Jersey; it's just not illegal in our divorce laws, so it's just vital that those divorce laws do catch up."

A decade ago, Jersey's States Assembly agreed in principle that the legislation should be updated.

Following this, a survey was carried out in 2019, which found that two-thirds of people were in favour of Jersey introducing 'no-fault' divorce.

ITV News has heard from Deputy Mary Le Hegarat, Minister for Justice and Home Affairs, who says draft legislation is being prepared that would, if approved, replace Jersey's existing divorce law.

The Justice Minister explains: "It will reflect the principle of 'no-fault' divorce, wherein two people can simply choose to divorce without having to cite any cause for the breakdown of their marriage.

"The draft law, if approved, would also implement a previous States Assembly in principle decision to update the divorce process in the following areas: removing the need for three years of marriage before divorce, introducing joint filing for divorce, and removing the ability to contest a divorce.

"The draft law is planned to be lodged later this year."

Want a quick and expert briefing on the biggest news stories? Listen to our latest podcasts to find out What You Need To Know...