Divorce

For some people, the words ‘amicable’ and ‘divorce’ shouldn’t fit in the same sentence. After all, the reality is that those who wish to divorce want to go their separate ways.

But why does separation have to be wrought with conflict? For too long lawyers have seen divorce as a battle that they have to ‘win’ for their client, rather than considering the longer term effect on the whole family. Aside from the personal cost of litigation, there is also the financial cost. Simply, the more you spend on legal fees, the less there is to share between you and your family.

THE FACTS

Divorce is the legal dissolution of a marriage. It is separate to the surrounding issues of finances and children.

The Matrimonial Causes (Bailiwick of Guernsey) Law, 2022 came into force on 19th July 2024 introducing ‘no fault’ divorce. Under the new law, the ability to defend a divorce has been removed and couples may now file a joint application if they choose. Divorce proceedings can be issued by anyone who is habitually resident or domiciled in the Bailiwick at any time without citing a reason. Neither party is required to attend court and the process will take approximately three and a half months.

Same-sex divorce

Same-sex marriage was legalised in Guernsey in May 2017 with the passing of the Same-sex Marriage (Guernsey) Law, 2016.

Under this law, same-sex couples are able to marry and divorce in the same way as heterosexual couples. In addition, the marriage of a same-sex couple in another jurisdiction is fully recognised and financial orders on divorce can be granted by the Royal Court.

Please note, website content cannot be regarded as legal advice. If you have any doubt as to your legal position, Browns Family Law will be happy to advise.

Same-sex divorce

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