1 Legislative framework

1.1 Which main sources of laws and regulations govern matrimonial and family law matters – including, but not limited to, divorce, judicial separation, children's matters and financial matters arising from the breakdown of marriage – in your jurisdiction?

Jersey is a self-governing crown dependency of the United Kingdom, which has its own laws and its own court system. Jersey therefore has its own distinct legislation and supporting rules and procedures, which in family and children law matters follow, in broad terms, the position in England and Wales.

All laws and many recent judgments can be found on a dedicated website, the Jersey Legal Information Board [ Jersey Law | Home ].

The principal legislation regarding children can be found in the Children (Jersey) Law 2002 and the supporting Children Rules 2005. These provisions are largely consistent with the Children Act 1989 of England and Wales, but with some modifications. The law provides for all children orders (residence, contact, specific issue and prohibited steps). The scope of financial orders in children proceedings is set out in Schedule 1.

The principal legislation regarding separation, nullity and divorce is set out in the Matrimonial Causes (Jersey) Law 1949 (as amended) and the Matrimonial Causes Rules 2005. The grounds for divorce, judicial separation and nullity are set out in the Matrimonial Causes Law (Articles 7, 12 and 18 respectively).

When determining financial applications, the court must consider the overriding objective set out in Rule 47 of the Matrimonial Causes Rules 2005. In addition, the court will undertake a ‘Section 25 exercise' and consider those factors set out in Section 25 of the Matrimonial Causes Act 1973 of England and Wales. In terms of case law, again Jersey looks to England and Wales and other compatible jurisdictions. The court's powers when making orders are similar to those available in England and Wales, but with some important differences. For example, Jersey courts do not have the power to pension share or to pension split (although a reform of this is anticipated to take place as a priority).

1.2 Which bilateral or multinational instruments have application in this regard in your jurisdiction?

Jersey recognises the Convention on the Civil Aspects of International Child Abduction signed at The Hague on 25th October 1980 and this forms part of the law in Jersey. In addition Jersey is party to a number of other conventions regarding family life and the rights of the child. The current status or recognition of any convention can be confirmed at the relevant time.

1.3 Which bodies are responsible for enforcing the applicable laws and regulations in your jurisdiction? What powers do they have? What is the general approach of these bodies in enforcing the applicable laws and regulations?

Enforcement of financial orders (ie, non-compliance or non-payment) is undertaken by the Petty Debts Court or the Royal Court, depending on the amount of the debt and any special circumstances. Following the hearing and determination by the court, the judgment is enforced by the Viscount's Department. Enforcement powers include:

  • attachment of the earnings of the defaulting party; and
  • seizure and sale of chattels.

Contact and related orders are enforced by the Family Division and can include:

  • contempt orders (for the defaulting party); and
  • in applicable cases, a change in the resident parent.

In addition, the Royal Court determines any applications commenced under the Hague Convention (child abduction applications).

1.4 Can foreign judgments and orders be enforced in your jurisdiction and if so how?

Yes, ‘foreign' orders (including those from England and Wales) can be enforced in the context of private family proceedings. The process for enforcement of judgments and orders against, for example, trust assets is more complex.

Enforcement of private family proceedings is either:

  • following their registration as a ‘mirror order'; or
  • via the reciprocal enforcement regime.

Applications must be made to the court in the prescribed form, following a registration order that they can be enforced against a Jersey-situate individual.

The Maintenance Orders (Facilities for Enforcement) (Jersey) Law 2000 includes provisions that allow for a hearing (in Jersey) and for the taking of evidence.

2 Jurisdiction

2.1 What are the jurisdictional requirements for the domestic courts to handle matrimonial and family law matters? How do the parties satisfy the courts of such requirements?

  • Divorce:
    • Residence in Jersey for 12 months preceding the issue of proceedings; or
    • Domicile in Jersey for 12 months preceding the commencement of proceedings.
  • Children:
    • Presence of the child in Jersey (emergency issues); or
    • Residence of the child in Jersey.

In all circumstances the court must be satisfied at the time the proceedings are commenced that the Royal Court has jurisdiction. Evidence is normally provided to the court in written form (a sworn affidavit from the applicant) addressing these issues. If the matter is urgent (or ex parte), the court may hear live evidence from the applicant.

2.2 What are the legal principles governing disputes on competing jurisdictions and what are the determining factors for the court when considering such disputes?

The Royal Court will expect that any party making an application in Jersey will not also have live proceedings in a different jurisdiction on the same issues. If such circumstances exist and the parties do not agree on which jurisdiction should determine the issue, the court will list a hearing in order to determine whether the Jersey proceedings should be stayed pending the outcome of the matter in the other jurisdiction. The court will look to the factors set out in the Matrimonial Causes Law and the Children Law when deciding such issues, such as which proceedings were commenced first in time.

3 Relationships and co-habitation,

3.1 Are there any laws and regulations protecting same-sex and/or co-habiting couples in your jurisdiction? If so, what are they?

There is very limited legal protection for cohabiting couples. Jersey does not recognise the concept of ‘common law spouses/partners' – that is, it is not possible to access the provisions of the Matrimonial Causes Law. There is some (limited) provision by reference to the principle of a ‘carer's allowance' under Schedule 1 of the Children Law; however, this is limited and depends on the existence of dependent children and the wider arrangements in respect of those children.

3.2 Do co-habiting couples have any rights in the event of the breakdown of the relationship? On what grounds can they exercise those rights?

The only rights which are accessible relate to matters around property ownership and any ‘joint' assets, investments or other financial resources. The court will look to the terms of any living together agreements, property ownership agreements or the like. It is not uncommon for the parties in cohabiting relationships to be advised to enter into such agreements (eg, when taking out a mortgage on the property in which they live, addressing occupation, payment of the mortgage and what should happen in the event of separation). These issues will be resolved in accordance with the terms of those documents and by reference to the principles of Jersey contract law.

3.3 Can co-habiting couples formalise their relationship in your jurisdiction (eg, through a civil partnership or similar)?

Yes, subject to meeting the requirements of the Civil Partnerships (Jersey) Law 2012, the relationship can become a civil partnership (which can then become a ‘marriage' following the most recent updating of the marriage and civil status legislation).

3.4 Are foreign civil partnerships, same-sex marriages or similar recognised in your jurisdiction? What requirements and restrictions apply in this regard?

Yes, these are recognised following provision of the original certificate (or certified copy) confirming the civil partnership or marriage together with a certified translation (if needed).

4 Marriage

4.1 What is considered a legal and valid marriage in your jurisdiction?

One which is legal in nature and which meets the formal legal requirements of the jurisdiction in which it was celebrated.

4.2 Does your jurisdiction recognise common law/de facto marriages as valid marriages?

No, Jersey does not recognise common law marriage within family proceedings.

4.3 Are religious marriages, foreign marriages or customary marriages recognised in your jurisdiction? What requirements and restrictions apply in this regard?

Jersey only recognises legal marriages; religious or customary marriages are not recognised unless evidenced by a formal legal document (‘marriage certificate') from a competent legal authority in the relevant jurisdiction.

4.4 Does a specific marital property regime apply in your jurisdiction?

Yes, this is contained in the Matrimonial Causes Law, which sets out the scope and extent of the court's powers to make orders when considering the dissolution of the marriage. These powers do not extend to pension sharing or pension splitting.

5 Pre- and postnuptial agreements

5.1 Are pre- and postnuptial agreements recognised in your jurisdiction? Does this depend on whether the agreement was entered into in the jurisdiction?

Yes, both pre- and postnuptial agreements are taken into account by the court. They are not definitive but are part of the evidence available to the court and are likely to be highly persuasive. There is no definitive statutory provision, which is why the terms of any agreement will not bind the parties (or exclude the jurisdiction of the court when making orders). The Royal Court has looked to developments in England and Wales when it comes to the requirements, terms and timings.

5.2 What are the formal and procedural requirements to enter into a valid pre- or postnuptial agreement and what requirements and restrictions apply to the content of pre- and postnuptial agreements?

These largely mirror the requirements in England and Wales and include consideration of:

  • the fairness of the terms;
  • the appropriate and proportionate disclosure of assets;
  • the inclusion of any children; and
  • whether both parties have taken independent legal advice.

5.3 What specific considerations and concerns should be borne in mind in relation to pre- and postnuptial agreements where the parties have international connections (eg, in terms of the location of assets, domicile/habitual residence or future plans)?

The principal consideration is the enforceability of any terms in other jurisdictions, if there are likely to be issues with enforcement. While the courts in Jersey can recognise terms which are to have effect in other jurisdictions, there may be a need to consider enforcement in those jurisdictions in case of non-compliance.

5.4 Do the regimes discussed in this question have equal application to same-sex couples? If not, please highlight the differences in treatment.

The court must consider the same issues in relation to same-sex couples and is unlikely to depart from the general principles. That said, the application of those principles will always be an exercise of discretion for the court and will be case specific.

5.5 Is the legal status of a separation agreement different from a pre- or postnuptial agreement? If so what are the differences?

In most cases, separation agreements are drafted following difficulties between the parties and are often finalised shortly after separation. They are normally drafted with reference to to any pre-existing agreements (eg, pre- or postnuptial agreements, living together agreements, property purchase/equity agreements) and including reference to any updating circumstances (including the financial positions of the parties).. On the basis that they are more recent (and therefore more up to date), the court may prefer a separation agreement. There is no decided decision of the court as to how to reconcile any inconsistency between the terms of a separation agreement and the terms of a pre- or postnuptial agreement.

6 Divorce

6.1 Under what circumstances do the domestic courts have jurisdiction to deal with a divorce initiated by the parties?

Subject to the parties having been married for three years – unless exceptional circumstances apply, in which case an initial application to dispense with the three-year time bar can be made.

Thereafter, the parties must evidence:

  • residence (or domicile); and
  • that the circumstances fall within the grounds for divorce as set out in the Matrimonial Causes Law.

6.2 What are the grounds for divorce in your jurisdiction? How do the parties prove these grounds?

The grounds are as follows:

  • separation for one year, with the consent of the respondent;
  • separation for two years;
  • unreasonable behaviour;
  • adultery;
  • desertion (for two years);
  • unsound mind; or
  • a prison sentence of more than 15 years.

6.3 How does the divorce process typically unfold and what is the general timeline?

The petitioning party files the divorce petition, the marriage certificate and the supporting forms with the court, together with the court fee. The court will then issue a court file number and the respondent will be formally served with the papers. The respondent must acknowledge service and return the necessary forms to the court. The petitioning party will then apply for a decree nisi. The final step is for the petitioner (usually) to apply for a decree absolute no earlier than six weeks after the date of the decree nisi.

Orders and findings as to children and financial matters run in parallel.

No final financial orders can be made before the court has granted a decree nisi.

6.4 Can divorce proceedings be finalised while other related proceedings (eg, involving children or finances) are still ongoing?

Yes, final orders in respect of children can be made (subject to the no delay principle) before the conclusion of connected proceedings.

Final financial orders cannot be made until after the decree nisi has been granted by the court.

6.5 Is non-judicial divorce available in your jurisdiction? What requirements and restrictions apply in this regard and how does the process typically unfold?

Yes, it is possible to apply for a nullity – that is, an order that the marriage never existed. It is also possible to apply for a judicial separation if one of the parties objects to a divorce.

6.6 Are foreign divorces and religious divorces recognised in your jurisdiction? What requirements and restrictions apply in this regard?

It is possible to register a foreign (legal) divorce before the Royal Court if necessary.

6.7 Are separation and/or nullity proceedings available in your jurisdiction? What requirements and restrictions apply in this regard?

Yes, the grounds for judicial separation are the same as for divorce (see question 6.2). The grounds for nullity are as follows:

The court may decree the nullity of a marriage on any ground on which a marriage is by law void or voidable or on any of the following grounds, that is to say –

  1. the continuing impotency of one party or of both parties to the marriage since the celebration thereof;
  2. that the marriage was celebrated through fraud, threats or duress by the respondent upon or to the petitioner;
  3. that the marriage has not been consummated owing to the wilful refusal of the respondent to consummate the marriage;
  4. that the respondent was at the time of the marriage pregnant by some person other than the petitioner, unless the pregnancy resulted from intercourse which occurred between the respondent and a former husband during the subsistence of their marriage;
  5. that the respondent was at the time of the marriage suffering from a venereal disease in a communicable form;
  6. that either party to the marriage was at the time of the marriage of unsound mind or was then suffering from mental disorder of such a kind or to such an extent as to be unfitted for marriage or subject to recurrent attacks of insanity or epilepsy;
  7. that a gender recognition certificate has, after the time of the marriage, been issued to either party to the marriage;
  8. that either party to the marriage satisfies such conditions and has taken such steps, in an approved jurisdiction, for the recognition of his or her change of gender by that jurisdiction as –
    1. are prescribed, in respect of that jurisdiction, by Order made by the Chief Minister, or
    2. if no conditions and steps are prescribed under clause (i) in respect of that jurisdiction, satisfy the Court that, but for the fact that the parties are still married, the change of gender would be recognized by that jurisdiction;
  9. that the respondent is a person whose gender at the time of the marriage had become the acquired gender:

Provided that, in the cases specified in sub-paragraphs (d), (e), (f) or (g), the court shall not grant a decree unless it is satisfied –

  1. that the petitioner was at the time of the marriage ignorant of the facts alleged,
  2. that proceedings were instituted within a year from the date of the marriage, and
  3. that marital intercourse with the consent of the petitioner has not taken place since the discovery by the petitioner of the existence of the grounds for a decree

6.8 What are the requirements for effective service of the divorce papers on the other party in your jurisdiction and how can the papers be served on the opposing party if he or she lives overseas?

Valid service can take place by:

  • normal post;
  • recorded delivery post; or
  • service by a court officer (the viscount).

Service by email can be authorised by the court if an application is made in advance.

Service overseas is undertaken via the same means.

However, the court must be satisfied that valid service has taken place. Evidence may take the form of:

  • copy correspondence;
  • proof of email; or
  • such other form as the court may require.

7 Finances

7.1 Does the court in your jurisdiction take the lead to facilitate financial settlement through court processes (eg, through a financial dispute resolution hearing)?

Yes, the Jersey courts promote and recognise all forms of alternative dispute resolution (ADR). In addition to those which may be agreed between the parties (mediation, arbitration or family dispute resolution (FDR)), the court undertakes judge-led FDR together with the Family Foundation which is a new facility for parties to meet with and find a resolution to matters.

7.2 Spousal and child maintenance:
  1. What orders can the court make in relation to spousal and child maintenance on divorce or judicial separation and how are the relevant amounts calculated?
  2. What general principles apply to spousal and child maintenance? What specific factors will the court consider in deciding which orders to make in this regard?
  3. When do spousal and child maintenance expire?
  4. What happens to spousal and child maintenance after the death of the paying party or if the paying party is an adjudicated bankrupt?
  5. Which bodies are responsible for issuing child support orders in your jurisdiction?
  6. Does the child support regime vary depending on whether the parents' relationship was formalised (eg, marriage/civil partnership/co-habitation)?
  7. Can a child (adult or minor) make a direct claim for child support? If so, under what circumstances?
  8. What specific considerations and concerns should be borne in mind in relation to child support where the parties have international connections?
  9. What are the main enforcement methods to ensure compliance with child support awards? What are the typical consequences of breach?

(a) What orders can the court make in relation to spousal and child maintenance on divorce or judicial separation and how are the relevant amounts calculated?

The court can make:

  • orders for ‘maintenance pending suit';
  • interim orders; and
  • final orders.

The evidence which the court requires concerns:

  • the ‘needs' of the applicant party; and
  • the ‘resources' of the party from whom payment is sought.

With regard to child maintenance (‘periodical payments'), the court will have regard to:

  • Schedule 1 of the Children Law;
  • the concepts of fairness and sharing; and
  • the child maintenance regime in England and Wales (but this is not determinative).

(b) What general principles apply to spousal and child maintenance? What specific factors will the court consider in deciding which orders to make in this regard?

The court has wide discretion in relation to the factors that it will consider when determining these issues. With regard to spousal maintenance, the court will have reference to:

  • the overriding objective; and
  • the Section 25 exercise (see question 1.1).

The court will also have to consider:

  • the duration of the maintenance;
  • the termination of payments; and
  • the review of payments (or not) on the retirement of the paying party.

When considering child maintenance (‘periodical payments'), the court will consider:

  • the needs of the child as the paramount factor;
  • the apportionment of costs between the parties; and
  • the factors set out in Schedule 1 of the Children Law.

(c) When do spousal and child maintenance expire?

With regard to spousal maintenance, the court tries to achieve a ‘clean break' between the parties, subject to the resources available. If this is not possible, the court will look to provide the spouse seeking maintenance with time to regain financial independence (retraining and return to employment). If this is not possible, the court will consider joint lives orders; but such orders come with obvious difficulties as to the uncertainty of duration for the receiving spouse.

(d) What happens to spousal and child maintenance after the death of the paying party or if the paying party is an adjudicated bankrupt?

This will depend on:

  • the basis on which the payments were ordered;
  • the financial resources available; and
  • whether there is evidence at the time the order is made about the life expectancy of the paying party. If this is known to the court, orders for capitalised maintenance can be made. It is possible to secure insurance cover if there is evidence that this may be an issue. If this was not in the contemplation of the parties, the recipient spouse may have to make an application to the estate of the paying spouse.

If the paying spouse becomes insolvent, the starting point is that his or her liability for maintenance will form part of the creditors' claims (unless maintenance is paid from insurance cover or from a third party (eg, a trustee).

(e) Which bodies are responsible for issuing child support orders in your jurisdiction?

Only the court has the power to make such orders.

(f) Does the child support regime vary depending on whether the parents' relationship was formalised (eg, marriage/civil partnership/co-habitation)?

No, the court's paramount concern is to ascertain the needs of the child and apportion these between the parties.

(g) Can a child (adult or minor) make a direct claim for child support? If so, under what circumstances?

A minor child (under 16) can commence proceedings, but these will normally be commenced by the child's guardian or the holder of the residence order.

An adult child cannot commence proceedings for child maintenance.

(h) What specific considerations and concerns should be borne in mind in relation to child support where the parties have international connections?

The court will look to the needs of the child in the widest terms – for example:

  • the costs of travel between the jurisdictions; and
  • the way in which that travel was undertaken during the relationship between the parties.

This will also include the way in which the child is educated and the provision of accommodation.

(i) What are the main enforcement methods to ensure compliance with child support awards? What are the typical consequences of breach?

Enforcement is by way of issuing a summons before the Petty Debts Court or the Royal Court, depending on the amount being claimed. The Petty Debts Court has a fixed costs regime whereas the Royal Court has a much wider discretion. The Royal Court can also make findings of contempt and look not only to secure the missed/missing payments, but also to consider how future payments can be secured.

7.3 Asset division:
  1. What orders can the court make in relation to the division of assets on divorce or judicial separation?
  2. What general principles apply to the division of assets? What specific factors will the court consider in deciding which orders to make in this regard?
  3. How does the court treat unreasonable conduct during the marriage in relation to financial matters (eg, reckless spending, gambling, dissipation of assets) when determining on capital division in divorce?
  4. Is it common for expert evidence to be adduced and used in court (eg, forensic accountants, valuations of companies/properties)?
  5. Is the family home treated differently compared to other family assets on divorce or judicial separation? If so, how?
  6. Are trusts recognised in your jurisdiction? How are they treated on divorce or judicial separation?
  7. What are the main enforcement methods to ensure compliance with financial orders issued on divorce or judicial separation? What are the typical consequences of breach?
  8. If the parties are in agreement on financial matters, is non-judicial resolution of these possible? What requirements and restrictions apply in this regard and how does the process typically unfold?
  9. Can the courts make financial orders in relation to a foreign divorce? What requirements and restrictions apply in this regard and who can apply for such orders?

(a) What orders can the court make in relation to the division of assets on divorce or judicial separation?

The court has wide powers to achieve fairness when it comes to the division of assets. These powers include:

  • the division, transfer or sale of property;
  • the payment of capital sums; and
  • the transfer of assets (excluding pensions).

The powers are set out in the Matrimonial Causes Law.

(b) What general principles apply to the division of assets? What specific factors will the court consider in deciding which orders to make in this regard?

  • Needs;
  • Compensation; and
  • Sharing together with fairness.

The court will look to the Section 25 exercise from England and Wales to ascertain:

  • the individual factors which are operative in each case; and
  • the degree to which they should be taken into account.

(c) How does the court treat unreasonable conduct during the marriage in relation to financial matters (eg, reckless spending, gambling, dissipation of assets) when determining on capital division in divorce?

The court can:

  • take conduct into account where it would be inequitable to disregard it;
  • ‘add back' assets and offset these against any remaining assets where available; and
  • take litigation conduct (including non-disclosure) into account both at the initial division of assets and if the non-disclosure comes to light at a later date.

(d) Is it common for expert evidence to be adduced and used in court (eg, forensic accountants, valuations of companies/properties)?

This is an interlocutory issue and will be for the court to decide by reference to proportionality.

(e) Is the family home treated differently compared to other family assets on divorce or judicial separation? If so, how?

Yes, subject to the availability of other assets, the age of the children (if any) and the affordability of the property. Priority may be given to allow the children to remain in the family home, with the non-resident parent's interest being calculated and its realisation being deferred. That interest may be a fixed amount or a percentage of the value on the occurrence of the trigger event.

(f) Are trusts recognised in your jurisdiction? How are they treated on divorce or judicial separation?

Yes, Jersey is a major offshore financial centre. The way in which the trust will be treated will be case specific. The factors to consider will include:

  • whether the trust is a Jersey law trust;
  • whether both parties (and any children) are in the beneficial class (or can be added and by whom);
  • the position of the trustees, if the trust is discretionary in nature; and
  • the availability of other non-trust assets.

(g) What are the main enforcement methods to ensure compliance with financial orders issued on divorce or judicial separation? What are the typical consequences of breach?

The court has wide powers of enforcement, including the power to order:

  • the ‘forced' sale of the property; or
  • the transfer of the property from one party to the other.

Non-compliance is contempt of court, and as such the court has powers when it comes to costs and other sanctions under the Royal Court's inherent jurisdiction.

(h) If the parties are in agreement on financial matters, is non-judicial resolution of these possible? What requirements and restrictions apply in this regard and how does the process typically unfold?

Yes, subject to the court being provided with an application for a consent order together with such financial summary information, so that it can properly consider the terms in the context of the assets/resources. The consent order and financial summary are filed with the court, which will scrutinise the terms. The court can request additional information and clarification.

(i) Can the courts make financial orders in relation to a foreign divorce? What requirements and restrictions apply in this regard and who can apply for such orders?

Yes, the court can be asked to make financial orders in the context of Jersey-situate assets/property to give effect to orders made in a foreign divorce. Either party can apply for such an order.

8 Child custody

8.1 What general principles apply to custody and access arrangements? What specific factors will the court consider in deciding which orders to make in this regard?

Jersey still uses the terms ‘residence' and ‘contact' when seeking to resolve disputed circumstances. The paramount consideration is the welfare of the child (as set out in the Welfare Check List in the Children Jersey Law). In addition, the court will look to avoid delay and to make an order only if this will benefit the child.

8.2 Are unmarried couples/same-sex couples entitled to the same claims as married couples in relation to children? Are legitimate and illegitimate children treated identically by the court in your jurisdiction?

Yes, the principles referred to in question 8.1 are not related to the marital status of the parents or the impact of that status on the child (legitimacy or illegitimacy).

8.3 Does the court in your jurisdiction take the lead to facilitate settlement regarding children matters through court processes (eg, through a child dispute resolution hearing)?

Yes, the court actively looks to alternative dispute resolution in all forms, subject to the matter in question being one which is suitable – for example, the absence of any imbalance in the relationship, coercion or similar factors which could invalidate valid consent to any ‘agreement'.

8.4 What kinds of experts will the court engage to assist it in deciding on what is best for the children (eg, designed social workers, clinical psychologists)?

The court has full discretion to instruct (on a joint basis) experts. The court already have the assistance of the Jersey Family Court Advisory Service (JFCAS), which is always appointed (a parallel is the Children and Family Advisory and Support Service in England and Wales). If the circumstances warrant it, the JFCAS officer can be appointed as the child's guardian (and to have separate legal representation).

8.5 What requirements and restrictions apply to the removal of a child from the jurisdiction, both temporarily and permanently? What factors will the court consider in deciding on such a request?

The parent with whom a child resides can remove the child from Jersey for a total period of one month per year. If the other parent has concerns, he or she can request the court to review any proposals.

As regards permanent removal, the court has broad powers to consider the parent's proposals for the child (eg, housing, education, medical and contact issues). The impact of a refusal of the application to remove the child is one factor to be considered; however, the needs of the child remain paramount.

8.6 What regime applies to the international abduction of children in your jurisdiction?

The Jersey courts recognise the Hague Convention on the Abduction of Children.

9 Surrogacy and adoption

9.1 What laws and regulations govern surrogacy agreements in your jurisdiction? What specific considerations and concerns should be borne in mind in this regard?

Jersey has no formal process but will recognise adoption and child arrangement orders obtained in other jurisdictions.

9.2 Are surrogacy arrangements legal in your jurisdiction?

Jersey has no reported decisions; however, the information set out in question 9.1 is most likely to reflect the court's approach.

9.3 Are the commissioning parents recognised as legal parents in your jurisdiction and what do they need to do to establish a legal relationship with their children born through surrogacy arrangements?

Subject to the recognition of orders made in other jurisdictions, yes.

9.4 What laws and regulations govern adoption in your jurisdiction? What specific considerations and concerns should be borne in mind in this regard?

If there is a dispute on which the Jersey court is asked to determine, the paramount concerns will be those of the child.

9.5 Do the regimes discussed in this question have equal application to same-sex couples? If not, please highlight the differences in treatment.

Please see question 9.4.

10 Dispute resolution

10.1 What alternative dispute resolution (ADR) methods to resolve family law matters are available in your jurisdiction?

  • Mediation;
  • Private family dispute resolution (FDR);
  • Court-led FDR; and
  • The Family Foundation.

10.2 What specific considerations and concerns should be borne in mind in relation to ADR of family matters in your jurisdiction?

The parties' ability to have non-disclosure agreements to maintain privacy and other issues. The scope of any order must be within the powers of the Jersey court. Any terms must, of course, be within the powers of the Royal Court for enforcement purposes.

10.3 What specific considerations and concerns should be borne in mind where family law disputes involve foreign parties?

Issues such as:

  • the weight which should be placed on the determinative nature of prenuptial agreements; and
  • concepts of community property which are not within the scope of Jersey law.

11 Domestic violence

11.1 How can a party seek immediate assistance from the court in a domestic violence situation to protect himself or herself and the children, and what kinds of orders can the court make in this regard?

  • Ex parte applications for injunctive relief; and
  • Inter partes applications under the Children Law.

The court has wide powers in civil proceedings, with regard to both injunctive relief and prohibited steps and specific issues under the Children Law. These can include non-molestation powers (to prevent the respondent from approaching both persons and places). It is possible to attach a power of arrest to injunctive relief.

There remains an inherent jurisdiction (ouster injunctive relief) to remove the respondent from a property, although this power is very rarely exercised by the court.

Jersey has a new regime which is set to take effect with the entry into force of the Domestic Abuse (Jersey) Law. This is in addition to the full range of criminal charges to protect victims of (and to prevent) domestic violence.

11.2 Are there any differences in terms of the protection offered in a domestic violence situation between married and unmarried couples and their children?

No; again, the approach taken by the court is not determined by the marital status of the applicant/respondent.

11.3 How are these orders enforced and by whom?

Once made by the court, an order will be enforced by:

  • the States of Jersey Police;
  • the Honorary Police; and
  • the viscount.

11.4 How soon will the party's application be dealt with in these circumstances?

The court will look to list the matter as soon as possible (including out of hours), depending on the nature and urgency of the individual matter/circumstances.

11.5 Does the court have inherent jurisdiction to make a child a ward of court?

Jersey does not use the term ‘ward of court'; but the Royal Court has wide-ranging powers to make orders once a children matter is before the court, whether in private law proceedings between parents or in public law (ie, care) proceedings.

12 Trends and predictions

12.1 How would you describe the current family law landscape and prevailing trends in your jurisdiction? Are any new developments anticipated in the next 12 months, including any proposed legislative reforms?

Jersey continues to develop and review both the matrimonial regime and the children regime. Current topics for reform include:

  • a move to ‘no fault' divorce;
  • the implementation of pension sharing and splitting;
  • an updated concept of parental responsibility for ‘parents' who are not biological parents;
  • the introduction of the concept of special guardians; and
  • the entry into force of the Domestic Abuse Law.

13 Tips and traps

13.1 What would be your recommendations for managing relationship breakdown as painlessly as possible in your jurisdiction and what potential pitfalls would you highlight?

Open and honest communication (either direct or with the assistance of mediators or other professionals) is crucial. If there are issues which cannot be addressed without the need for legal advice/assistance, lawyer-led mediation should be considered.

All parties should have a desire to actively engage; and the expectations of both parties should be carefully managed as to what is possible, realistic and sustainable for them (and, most importantly, for the children).

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