High-value divorce in Jersey carries the risk of asset dissipation and uncontrolled cross-border disclosure. Financial claims on divorce are decided by the Matrimonial Causes Division of the Royal Court under the Matrimonial Causes (Jersey) Law 1949, so it helps to have an Advocate who works in high-net-worth matrimonial finance.
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Which law decides financial claims on divorce in Jersey
Financial claims on divorce in Jersey are currently decided under the Matrimonial Causes (Jersey) Law 1949. Article 3 gives jurisdiction to the Matrimonial Causes Division of the Royal Court, and rules can allow the Judicial Greffier or the Family Judge to exercise certain powers.
The States Assembly has approved a replacement, the Marriage and Civil Partnership (Dissolution and Separation) (Jersey) Law, which introduces no-fault divorce and will repeal the 1949 Law. It is not yet in force. Until it is, the 1949 Law and its procedural rules continue to apply, so check the position at the date your case starts.
The orders the Royal Court can make
The 1949 Law gives the court three main financial powers. Each one matters more when the assets are large or held through structures.
Maintenance and lump sums (Article 29)
The court can order periodic payments for maintenance and one or more lump sums. It decides having regard to all the circumstances, including each party's actual and potential financial circumstances and their conduct, insofar as it would be inequitable to disregard it (Article 29).
Transfer or settlement of property (Article 28)
The court can order one spouse to transfer property, real or personal, to the other or for the benefit of the children, or to settle property for their benefit.
Varying marriage contracts and settlements (Article 27)
The court can cancel, vary or end the trusts of a marriage contract, marriage settlement or post-nuptial settlement between the parties.
How a contested financial case runs
The procedure is set out in the Matrimonial Causes Rules 2005. In outline:
- The claim is made in the petition or answer. Rule 49 requires applications for maintenance, lump sums, property transfers and variation of settlements to be included there.
- Preliminary directions hearing. Once the application is filed on Form 16, the court fixes a preliminary directions hearing (Rules 53 and 54). Legal representatives must attend.
- Directions. Under Rule 55 the court can give directions on affidavits of means, valuing assets, expert evidence, and the rights of third parties, including trustees and hypothecary creditors.
- Case review hearing. Rule 56 describes this hearing as a way of defining the issues and saving costs. The court can adjourn the case for alternative dispute resolution, including mediation.
- Final hearing. The court investigates the claims and may hear oral evidence (Rule 59), then makes the order it thinks just (Rule 60). A Family Judge may refer the application to the Inferior Number of the Royal Court (Rule 61).
If the spouses agree terms, Rule 52 requires a statement of information covering capital, income and housing before the court approves a consent order.
Trusts, companies and assets outside Jersey
Where wealth sits in a trust or company, the spouse is not always the legal owner. That is why Rule 55 allows the court to give directions about the rights of trustees and other third parties.
Jersey trusts carry their own rules. Under Article 9 of the Trusts (Jersey) Law 1984, questions about a Jersey-law trust are decided under Jersey law. These include a foreign court's attempt to vary the trust's terms. Article 9(4) adds that a foreign judgment about such a trust is not enforced, or given effect, to the extent it is inconsistent with that Article.
Before you meet an advocate
- A list of every asset, wherever held, with how it is owned: personally, jointly, through a company or under a trust.
- Copies of any marriage contract, pre-nuptial agreement or settlement deed.
- Trust deeds, letters of wishes and trustee contact details, if you have them.
- Details of any proceedings already started in another country, with dates.
Because Rule 55 lets the court direct affidavits of means and valuations, expect to set out your finances in full, with documents to back them.
solicitors.je is an independent directory. We can point you towards Jersey firms that work in this area.
High-Net-Worth Matrimonial Finance Asked Questions
Can matrimonial asset discovery involve jurisdictions outside Jersey?
Yes. Asset discovery can involve cross-border corporate holdings and international properties. An Advocate with experience of multi-jurisdictional financial disputes can deal with the Jersey side of this. We can point you towards Jersey firms that work in this area.
How are offshore trusts and corporate assets dealt with in a Jersey divorce?
The court can give directions on affidavits of means, the valuation of assets and the rights of third parties, including trustees (Matrimonial Causes Rules 2005, Rule 55), so trusts and company holdings can form part of the financial evidence. Advocates who specialise in high-net-worth matrimonial finance and trust litigation can advise. We can point you towards Jersey firms that work in this area.
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