It has been almost a year since Alexandra Cohen set up Cohen Family Law, and as the firm approaches its first anniversary, she reflects on what has been a busy and rewarding year.
“It’s the first time in a long time I’ve felt able to really help clients in the way I want to,” she said.
The practice has quickly gained attention for its fresh, modern and human approach, focused on real people rather than legal processes.
As the firm nears this milestone, Alexandra also points to the next year bringing one of the most significant shifts in Jersey family law in decades.
Major reforms to divorce law are on the horizon, with legislation awaiting Royal Assent and already attracting considerable attention. Alexandra sets out a clear, practical summary of what these changes will mean in reality.
The background
Back in 1949, the existing Law regarding bringing marriages to an end (divorce) was introduced in Jersey. Since then, there have been minor changes such as the introduction of separation grounds for ending the relationship, the abolition of the need to show cruelty and replacing it with unreasonable behaviour and of course the introduction of civil partnerships and same sex marriage. These changes to some extent modernised the law but were made in a piecemeal way and did not end the need to show a reason for the breakdown of the relationship and retained some old-fashioned concepts such as the bar on divorce or the dissolution of the civil partnership during the first 3 years.
In addition, if one party wants to defend the end of the relationship, the current Law allows them to defend the proceedings. This could be used in some cases to exert control over the other party and mean that divorce proceedings would become very confrontational and expensive.
Over a decade ago the States agreed, in principle, to the concept of ‘no fault’ divorce. In the last few months this has now been realised in the Marriage and Civil Partnership (Dissolution and Separation) (Jersey) Law which has passed through the States and is awaiting a date to come into force. The new Law will make major changes to the existing law and completely change the legal landscape for ending a marriage or civil partnership.
What will change?
In a nutshell, these changes entail:
- The ending of a marriage or civil partnership will now both be called ‘dissolution’ thus ending the use in law of the word ‘divorce’.
- There will no longer be a time limit before a marriage or civil partnership can be ended. There is currently a time bar of 3 years. This will be abolished.
- Under the current Law the application to end the marriage or civil partnership can only be made by one person to the relationship but in future, under the new Law, it will be possible to make a joint application.
- When the new Law comes in, it will not be possible to contest the dissolution. This is a significant change and one that is hoped will be beneficial particularly in cases of domestic abuse and help create a more conciliatory process for ending the relationship.
- No-fault divorce will be introduced thus ending the need to either show that one party is at fault or there has been a period of separation. Again, it is hoped that this change will reduce conflict and blame when ending the relationship.
- For the first time the court will have the power to defer proceedings in order for alternative dispute resolution to take place.
- Importantly the court will have a new power to make an interim occupation order. This can be used, for example, to allow one party to have the right to remain in the home whilst final orders are being considered.
The new Law now brings Jersey in line with modern practices, similar to reforms previously made in England and Wales. The new regulations are designed to minimise conflict and allow couples to separate with less trauma.
What will not change?
However, what the new Law will not do is to introduce pension sharing orders as were introduced in England and Wales back in 2000. This is seen as a huge gap in the changes that are being introduced.
Pensions particularly in Jersey can form a large part of the couple’s asset pot and it will remain the case that the court will only be able to what is called ‘offset’ a pension against other assets, for example the former matrimonial home. The States have promised that other legislative changes will continue to be considered in order to allow pension sharing but it remains the case that this may well be many years away given the pace of change to date.
The future
Once the new Law comes into force Jersey family law will in many respects reflect the modern world.
As when the Children Law was introduced and new concepts such as residence and contact replaced custody and access to children, the changes will initially be difficult for couples to get to grips with but there is no doubt that making the ending of the relationship less confrontational, giving teeth to alternative dispute resolution and generally bringing Jersey family law up to date will enable relationships to be ended in far less stressful circumstances than is currently the case.
These reforms represent one of the most significant shifts in Jersey family law in decades. They move the focus away from blame and towards practical, constructive outcomes which is exactly how family law should work.
These changes have been the result of significant work by those involved in developing the new Law. These changes are very welcome, and we look forward to seeing them come into force following Royal Assent.
If you would like advice or to discuss your situation, you can contact Alexandra directly. Alexandra (pictured) is a Jersey Advocate and English Solicitor, and the founder of Cohen Family Law. For more information, contact Alexandra at [email protected] or on 01534 660 560. Please also visit her website for more information in the future.
