Guernsey agrees to make divorce law 'reflective of modern society'

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Couple signing divorce paperworkImage source, Getty Images
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The States will also investigate improving support services for family law matters

Guernsey has agreed to reform its marriage laws to make divorce and separation proceedings "inclusive and reflective of modern society".

The reforms include establishing no-fault divorce, making annulment proceedings simpler and removing the capacity to contest divorces.

It also directed several senior States committees to improve support services relating to family law before May 2020.

The change to the law was passed by deputies unanimously.

It will need to be drafted as full legislation and be laid before the States before it can come into effect.

'Fit for purpose'

The process to enact the changes came after a 2015 resolution which called for recognition "that there was a need for the law to be reformed to ensure that it was both inclusive and reflective of modern society."

A majority of the public supported reforming the law when consulted in 2019 and these changes were put before the States in December.

The law currently requires one of five faults must be proven before a divorce can take place, specifically adultery, unreasonable behaviour, desertion, two years of consensual separation or five years of non-consensual separation.

President of the senior Policy and Resources Committee Gavin St Pier said the system had been "in need of reform for some time", pointing to the fact that current law was created in 1939.

"The review has been seeking to ensure that we have something that is more equal and inclusive, that is simpler and fit for purpose," he added.

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