Seeking a Divorce?
Parslows Jersey | Divorce department team members offer free no obligation initial meetings to discuss your issues (t&cs apply)
Thank you both from the bottom of my heart for helping with this case. I will now look to make my children’s lives more inclusive and hopefully give them direction and guidance to help them in the future.
It is not possible to apply for a divorce until at least three years after the date of the marriage (there are limited exceptions to this). Furthermore, either or both of the parties must live in Jersey, or at least one of them must have lived in Jersey for the past year, at the time proceedings begin.
The grounds for a divorce in Jersey are:
Adultery: That the other party has committed adultery (that is, has had sexual intercourse with someone else during the marriage).
Behaviour: That the other party has behaved in such a way that he or she cannot reasonably be expected to live with the other party.
Desertion: That the other party has deserted him or her for the last two years at least. In practice, desertion is not often used as a ground for divorce.
One years’ separation: That the parties to the marriage have lived apart for at least the last year and the other agrees to be divorced.
Two years’ separation: That the parties to the marriage have lived apart for the last two years (whether or not the other agrees to the divorce).
To apply for a divorce, a person must issue what is called a petition. A petition is a legal document setting out the basis on which the divorce is sought and the facts to be relied on. The petition is issued by sending it to the court with the marriage certificate and a fee.
Service of the divorce papers
Once a petition has been issued a copy must be given to the other party to the marriage. The respondent must complete and send to the court a form to say that he has received the petition and whether the case is to be contested. This is called an acknowledgement of service (form 4).
Once the petition has been served
In the acknowledgement of service, the respondent must say whether he or she will defend the claim for a divorce. If he or she does, he or she must send the court what is called an answer, that is a written statement saying why it is denied that the petitioner should have a divorce. In most cases, the respondent does not defend the petition and the petitioner can complete the acknowledgement of service (form 4). This is the stage at which the petitioner satisfies the court that he or she should be granted a divorce. This is done by sending the court a sworn statement, called an affidavit, in which the petitioner tells the court that everything stated in the petition is true and provides certain other information.If the Royal Court is satisfied with the paperwork it will grant a decree nisi.
When will I actually be divorced?
A decree nisi is not the final decree of divorce. It is the decree absolute which actually brings the marriage to an end.
Once six weeks have elapsed after the grant of a decree nisi, the petitioner can apply for a decree absolute. If the Petitioner fails to apply for a decree absolute the Respondent will be able to apply.
“I feel I am saying goodbye to a friend.”
“I do wish it was within my power to pop in and thank you in person for all the hard work you have done to finalize this easily for me. I feel I am saying goodbye to a friend.”
“You’ve done a great job”
“…… thank you to you and your team for helping me through such a stressful time. You’ve done a great job and I am very pleased with the outcome.”