Jersey divorces can involve complex asset distribution and international corporate structures. solicitors.je is an independent directory. We can point you towards Jersey firms that work in this area.
Where the new law stands
The Marriage and Civil Partnership (Dissolution and Separation) (Jersey) Law 2026 was registered by the Royal Court on 5 June 2026 but is not yet in force; under Article 58 it starts on a day the Minister specifies by Order, and no Order has been made (https://www.jerseylaw.je/laws/enacted/Pages/L-27-2026.aspx). Until it commences, divorce in Jersey runs under the Matrimonial Causes (Jersey) Law 1949, including the three-year bar in Article 8(1).
Which law applies today
Divorce in Jersey is still governed by the Matrimonial Causes (Jersey) Law 1949. No-fault divorce is not yet available. The Marriage and Civil Partnership (Dissolution and Separation) (Jersey) Law 2026 was adopted by the States on 26 February 2026, sanctioned on 3 June 2026 and registered by the Royal Court on 5 June 2026. Under Article 58 it comes into force on a day the Minister specifies by Order, and as of October 2026 no such Order appears on jerseylaw.je.
Until that Order is made, anyone filing for divorce uses the 1949 Law and its fault and separation grounds. The 1949 Law will be repealed when the new Law starts.
Divorce under the 1949 Law
A petition is heard by the Matrimonial Causes Division of the Royal Court, known as the Family Court. Article 7 sets out the grounds. Either spouse can petition on the basis that the other:
- has committed adultery and the petitioner finds it intolerable to live with them
- has deserted the petitioner for at least 2 years
- has behaved in a way the petitioner cannot reasonably be expected to live with
- is incurably of unsound mind and has been under continuous care and treatment for at least 5 years
- is serving a prison sentence of life or at least 15 years
Two separation grounds need no allegation of fault: one year's separation where the respondent consents, or 2 years' separation without consent. Article 8 bars any petition within the first 3 years of marriage unless the court gives leave for exceptional hardship or exceptional depravity.
How the current process runs
The Family Court's procedure notes set out the steps:
- File the petition and the marriage certificate with the Family Division, with Form 5 if there are children of the family.
- Serve the petition on the respondent, who returns an acknowledgement saying whether they will defend. In Jersey the time limit for that is 8 days.
- If undefended, swear the affidavit for your ground and apply for the Greffier's certificate.
- The court pronounces the decree nisi. It does not end the marriage.
- Six weeks and one day later, the petitioner can apply for the decree absolute. If they do not, the respondent can apply three months after that.
A respondent who intends to defend must file an answer within 14 days after the time for giving notice expires.
What the 2026 Law will change
Once in force, the new Law replaces grounds with a statement. Under Article 3, either spouse, or both jointly, applies with a signed statement that they seek the dissolution of the marriage. The court must treat that statement as conclusive and make a dissolution order. There is no requirement to prove adultery, behaviour or a period of separation.
- Two stages. The order is first conditional. It cannot be made final before the earlier of the period the court fixes or 6 months after the conditional order.
- Confirmation. The applicant, or both applicants, must confirm they want the order made final. If one joint applicant drops out, the other can ask the court for leave to proceed alone (Article 13).
- Separation orders. A couple can instead apply for a separation order on the same statement basis (Article 4), and later apply to dissolve.
- Children. The court must consider the arrangements for children of the family, and in exceptional cases can delay the final order (Article 19).
- Mediation. The court can ask for evidence of steps taken to avoid proceedings, and can adjourn and order alternative dispute resolution (Article 16).
- Civil partnerships. The same Law covers dissolving a civil partnership.
Money is a separate question
Removing fault from the grounds does not remove conduct from financial cases. Both the 1949 Law and Article 31 of the new Law let the court weigh a party's conduct where it would be inequitable to disregard it. Under the new Law, a party can apply for financial provision once a conditional order is made, but the court cannot make the order until a separation order or final order exists (Article 24).
The Family Court's notes also warn that leaving finances without a court order could expose someone to a later claim.
Before you speak to an advocate
- Date and place of marriage, and the marriage certificate.
- Domicile and residence of both spouses. Under the new Law, Jersey jurisdiction depends on either spouse being domiciled in Jersey, or habitually resident for the year before the application.
- Whether you want to start now under the 1949 Law or wait for commencement, and what the delay would mean for finances and children.
solicitors.je is an independent directory. We can point you towards Jersey firms that work in this area.
The New No-Fault Divorce Asked Questions
Can a spouse contest or delay the new no-fault divorce process in Jersey?
Under the current 1949 Law, yes: a respondent can defend a petition by filing an answer, and in a 2 years' separation case can oppose the decree under Article 10 (https://www.jerseylaw.je/laws/current/l_22_1949). Once the new Law commences, that option goes. Either spouse, or both jointly, will apply with a signed statement that they seek the dissolution of the marriage, and the court must treat that statement as conclusive and make a dissolution order (Article 3, https://www.jerseylaw.je/laws/enacted/Pages/L-27-2026.aspx).
Does the new no-fault divorce law in Jersey affect how matrimonial assets are divided?
No. The grounds for ending the marriage and the division of finances are separate questions. Under both the 1949 Law and the new Law, the court looks at all the circumstances and only weighs a party's conduct where it would be inequitable to disregard it (Article 31, https://www.jerseylaw.je/laws/enacted/Pages/L-27-2026.aspx). Under the new Law, a party can apply for financial provision once a conditional order is made, but the court cannot make the order until there is a separation order or a final dissolution order (Article 24).
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