Notes on the procedure for getting divorced
Procedural Guidance: Divorce
Read these notes when filling in your divorce papers or if you have been served with divorce papers.
These notes will give you:
- general information about the Jersey court divorce process
- more information about applying for a divorce
For further information contact the Family Division on 01534 441336/7 jgrprivatefamily@courts.je or attend in person to discuss your query with one of our Family Proceedings Officers at Family Division, 3rd floor International House, 41 The Parade, St. Helier
Provide your address, mobile number email or any other contact details to the Court as documents will need to be sent to you.
If you change address you MUST inform the Court by email or in writing. If you do not do so, and a document is sent to your old address, you will be charged for any replacement.
If you are unsure how to apply for your divorce, or what orders, if any, you should be asking for, you should seek legal advice.
Court staff can only assist with certain procedural matters and CANNOT give you any legal advice.
Remember: Keep copies of documents filed by you at court. If you fail to do so, you will be charged for any photocopying (currently £1 per page)
You can get advice about legal paperwork and making arrangements from:
- Citizens Advice www.cab.org.je; or
- Legal adviser www.jerseylawsociety.je
- For details of the Legal Aid system and eligibility see www.legalaid.je
For the Law and procedural Rules see Matrimonial Causes (Jersey) Law 1949 and Matrimonial Causes Rules 2005
For other documents required to be given to the Court with the divorce petition see Divorce forms and applications.
You can get divorced in Jersey if all of the following are true:
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you’ve been married for over three years
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your relationship has permanently broken down
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your marriage is legally recognised in Jersey (including same-sex marriage)
If you are ending a civil relationship, read the guide for ending a civil partnership.
If you do not want a divorce, you can get a legal separation so you can live apart without ending the marriage. You might also be able to annul the marriage. You can apply for separation or annulment during your first year of marriage.
Arrangements for children, money and property
You and your husband or wife can choose to work out:
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arrangements for looking after any children
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child maintenance payments for any children
You can also divide your money and property.
You can usually avoid going to court hearings if you agree about children, money and property.
To apply for a divorce you’ll need:
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yours and your husband or wife’s full name and address
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your original marriage certificate or a certified copy (and a certified translation if it’s not in English)
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proof of your name change if you’ve changed it since you got married - for example your marriage certificate or a deed poll
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Document to be filed |
Information |
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Divorce petition |
Your original divorce petition will be handed into the Court but not returned to you. Make at least 2 copies of the petition before you hand it into the Court (1 copy to be served on your spouse and 1 copy to be retained for your records). |
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Original or certified copy of marriage certificate |
This will not be returned to you. If your marriage certificate is not in English or French, you MUST provide an official translation. If you have lost your marriage certificate, you can get a certified copy from the Office of the Superintendent Registrar, 25 New Street, St Helier if you were married in Jersey. A fee will be payable |
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Form 3 - Notice of Proceedings Form (F3) |
This form explains to your spouse what he/she needs to do when he/she receives the divorce petition. The heading must be exactly the same as the heading in your petition. Sign and date the form at the bottom and give your address in Jersey. If you have a lawyer acting for you provide the details in the box provided. For an adultery divorce, you need to provide 2 x F3 |
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Form 4 - Acknowledgment of Service Form (F4) |
This form is for your spouse to fill in and return to the Court as proof that he/she has received the petition. You only need to fill in the heading which must be exactly the same as the heading in the petition. For an adultery divorce you need to provide 2 x F4s |
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Complete if you have children under 18 born to you and your spouse, or any child[ren] treated by you as though they were yours (known as “children of the family”). These include adopted children, but not foster children. The heading must be exactly the same as the heading in the petition. Fill in the form and then sign and date it. Keep a copy for your records. See guidance notes Divorce Arrangements for Children. |
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Take the petition and the above documents to the Family Division at International House with the required fee of £402.00. The fee is not refundable. Fees may be paid by debit or credit card at the Family Court reception at International House or online. Your financial circumstances may be such that you are not required to pay. Further information can be obtained on request from the Viscount’s Department |
The Family Court Proceedings Officer (“FCPO”) is the court administrator who deals with the paperwork. The FCPO will allocate a case reference number which is exclusive to your application. You must put this case reference number on all documents which you subsequently file with the Court.
The Court will send back the F3 and F4 (and F5 if applicable) for you to serve on your spouse (and the co-respondent if applicable). This means that you have to provide your spouse with copies of the documents.
The divorce petition, F3 and F4 need to be served on the respondent (and on the co-respondent if applicable). F5 is also served but not on the co-respondent.
You may serve the papers on the respondent (and co-respondent if applicable) by post. However, if the F4 is not completed and returned to the Court by your spouse, you may need to prove service.
If you do need proof of service check at the Post office how you may obtain proof that your documents have been received by your spouse.
If you do need proof of service the Viscount’s Department can serve documents and provide a statement of service. Telephone: +44 (0) 1534 441440 or email: viscount@courts.je to find out the fee and procedure.
If you do not know where your spouse (or the co-respondent) live or work you may have to ask the Court for permission to serve the papers on someone who might know where he/she is or for the Court to order that you do not need to serve the documents.
The time limit for the return of the F4 to the Court is detailed in the F3. The time limits depend on where the documents were served and are as follows:
- Jersey 8 days
- UK, Guernsey and Northern Ireland 12 days
- Europe 15 days
- Rest of world 25 days
The date on which the documents are received is not counted. The final day needs to be up before you can apply for the Greffier’s Certificate, Form 20.
For example, an application received on 10th (local - 8 day limit) time up is on 19th.
Procedure
Your spouse needs to complete the Form 4. He/she needs to confirm receipt of the divorce petition, state the date when the documents were received and sign and date the form. If the F4 (and F5 if applicable) are completed and returned to the Court, copies will then be sent by the Court to you (or to your lawyer).
In the case of adultery, adultery must be admitted.
In the case of a 1 year consent to a divorce, the respondent MUST CONSENT and the signature has to be witnessed by a person as set out in the Rules.
If your spouse answers in F4 “No” to defending the divorce, this is known as an undefended petition. See below how to proceed.
If your spouse answers in F4 “Yes” to defending the divorce you need to wait to see if you get sent an answer, setting out why the petition is defended. The answer must be provided within 14 days after the time limit for giving notice of intention to defend has expired. For example, 8 days + 14 days = 22 days. If you do receive an answer, you may need a lawyer to help you. This is known as a defended petition.
The court will send you a copy of the completed F4.
- When the time limit set out in F3 for the return of the F4 has passed, you can then complete Form 20: application for Greffier's certificate (undefended); in addition
- Complete whichever is appropriate of affidavits
Form 9: affidavit by petitioner in support of petition on grounds of adultery
Form 10: affidavit of petitioner on grounds of unreasonable behaviour
Form 11: affidavit by petitioner on grounds of desertion
Do not send the papers to the Court until the affidavit is sworn and witnessed. If the petitioner is in Jersey, the affidavit must be sworn and witnessed by a Jersey solicitor, advocate or notary. Make sure you also sign and date your affidavit.
If the Court is satisfied with the paperwork, the Greffier’s Certificate will be issued and sent to both parties and a date will be set for the pronouncement of the Decree Nisi.
The Decree Nisi does not finalise your divorce. You do not need to attend Court on the date the decree is to be pronounced, but may attend is there is a dispute about costs. We will send the Decree Nisi to you and your spouse.
Statement of Arrangements for children
If the Court is satisfied about the arrangements for each child, we will send you a Certificate of Satisfaction along with your Decree Nisi.
Six weeks and one day after the pronouncement of the Decree Nisi, you as the petitioner can apply to the Court for the divorce to be made absolute.
Complete and file Form 12 (F12). A fee of £54 is payable. If you do not apply, the respondent may apply three months thereafter by filing a summons and F12.
There may be special cases of urgency when an earlier application may be made.
The divorce will not be made absolute unless the Court is satisfied with the arrangements for each child of the family, unless there are circumstances in which it may be necessary to make the divorce absolute without delay. There are other reasons why the Family Judge may not make the divorce absolute.
If the Court is satisfied, a decree absolute will then be sent to both parties.
A Decree Absolute of divorce ends your marriage. It has consequences depending on your particular circumstances. If you are unsure about the consequences, consult an advocate or solicitor.
Apply within 12 months of getting the decree nisi - otherwise you will have to explain the delay to the Court.
Please remember you cannot remarry until you have your Decree Absolute. The Decree Absolute is an important document. You may be required to produce it on future occasions, so keep it safe.
To obtain copies of your Decree Absolute you will need to pay a fee.
It is in your interests to get financial matters sorted out and a Court order made. If not, it could/may lead to a future claim being made against you for a share of the wealth you may have acquired after the divorce. If you reach agreement about finances, you and your spouse may send a draft order signed and dated by both of you (called a draft Consent Order) to the Court once the Decree Nisi has been issued. You are likely to need legal advice. Also send a completed Statement of Information for a Consent Order Form, signed and dated by both of you. See Practice Direction FD12/07 or pick up a copy from the Court. There is a fee for filing a draft Consent Order with the Court. See Fees or pick up the information from the Court. A judge will then decide whether to make an order in the terms you want.
For the Law and procedural Rules see Matrimonial Causes (Jersey) Law 1949 and Matrimonial Causes Rules 2005