{"id":117216,"date":"2025-11-10T13:08:51","date_gmt":"2025-11-10T13:08:51","guid":{"rendered":"https:\/\/my.legal500.com\/guides\/?post_type=comparative_guide&#038;p=117216"},"modified":"2025-11-10T13:08:51","modified_gmt":"2025-11-10T13:08:51","slug":"jersey-family-law","status":"publish","type":"comparative_guide","link":"https:\/\/my.legal500.com\/guides\/chapter\/jersey-family-law\/","title":{"rendered":"Jersey: Family Law"},"content":{"rendered":"","protected":false},"template":"","class_list":["post-117216","comparative_guide","type-comparative_guide","status-publish","hentry","guides-family-law","jurisdictions-jersey"],"acf":[],"appp":{"post_list":{"below_title":"<div class=\"guide-author-details\"><span class=\"guide-author\">Carey Olsen<\/span><span class=\"guide-author-logo\"><img src=\"https:\/\/my.legal500.com\/guides\/wp-content\/uploads\/sites\/1\/2019\/12\/carey-olsen-jersey.jpg\"\/><\/span><\/div>"},"post_detail":{"above_title":"<div class=\"guide-author-details\"><span class=\"guide-author\">Carey Olsen<\/span><span class=\"guide-author-logo\"><img src=\"https:\/\/my.legal500.com\/guides\/wp-content\/uploads\/sites\/1\/2019\/12\/carey-olsen-jersey.jpg\"\/><\/span><\/div>","below_title":"<span class=\"guide-intro\">This country specific Q&amp;A provides an overview of Family Law laws and regulations applicable in Jersey<\/span><div class=\"guide-content\"><div class=\"filter\">\r\n\r\n\t\t\t\t<input type=\"text\" placeholder=\"Search questions and answers...\" class=\"filter-container__search-field\">\r\n\t\t\t<\/div>\r\n\r\n\t\t\t\r\n\r\n\r\n\t\t\t<ol class=\"custom-counter\">\r\n\r\n\t\t\t\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the jurisdictional requirements for divorce and property division? How do the concepts of domicile, residence and nationality apply in relation to divorce and financial arrangements?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Article 6 of the Matrimonial Causes (Jersey) Law 1949 provides that the Matrimonial Causes Division of the Royal Court of Jersey (now referred to as the Family Division) has jurisdiction to entertain proceedings for divorce or judicial separation if and only if \u2013<\/p>\n<ol style=\"padding-left: 0\" type=\"a\">\n<li>the parties to the marriage are domiciled in Jersey on the date when the proceedings are begun; or<\/li>\n<li>either of the parties to the marriage was habitually resident in Jersey throughout the period of one year ending with that date.<\/li>\n<\/ol>\n<p>A person&#8217;s nationality is irrelevant as to whether or not divorce proceedings can be initiated in Jersey.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What factors do local courts take into account when determining forum\/jurisdiction issues? In what circumstances (if at all) would your jurisdiction stay divorce proceedings in favour of proceedings in another country?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Applications in respect of forum\/jurisdiction will be determined in accordance with the <em>forum non conveniens<\/em> test. The court is concerned to establish which is the appropriate forum for the trial of the action i.e. that in which the case may be tried most suitably for the interests of all the parties and the ends of justice, assessing connecting factors which will include, inter alia, matters such as convenience or expense (such as availability of witnesses), the law governing the relevant transaction and\/or assets and the places where the parties respectively reside or carry on business.<\/p>\n<p>Jersey is not part of the European Union (and never has been) and therefore the Brussels II regime does not apply; it is not as simple as there being a &#8220;jurisdiction race&#8221;.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Is applicable law relevant in your jurisdiction \u2013 when and how would this apply?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>No.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the grounds for divorce and are they fault-based? What is the broad procedure and timeline for divorce?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p><u>Grounds for divorce<\/u><\/p>\n<p>Article 7 of the Matrimonial Causes (Jersey) Law 1949 provides both fault-based and non-fault-based grounds for divorce. A party is unable to petition for divorce on the basis of a non-fault-based ground unless they have been separated from their spouse for one year or more.<\/p>\n<p>The fault-based grounds are:<\/p>\n<ol style=\"padding-left: 0\" type=\"i\">\n<li><u>Adultery<\/u> \u2013 the respondent has since the celebration of the marriage committed adultery (which must be between the respondent and a member of the opposite sex) and the petitioner finds it intolerable to live with the respondent;<\/li>\n<li><u>Desertion<\/u> \u2013 the respondent has deserted the petitioner without cause for a period of at least 2 years immediately preceding the presentation of the petition;<\/li>\n<li><u>Unreasonable behaviour<\/u> \u2013 the respondent has since the celebration of the marriage behaved in such a way that the petitioner cannot reasonably be expected to live with the respondent;<\/li>\n<li><u>Unsound mind<\/u> \u2013 the respondent is incurably of unsound mind and has been continuously under care and treatment for a period of at least 5 years immediately preceding the presentation of the petition; or<\/li>\n<li><u>Imprisonment<\/u> \u2013 the respondent is serving a sentence of imprisonment for life or for a term of not less than 15 years.<\/li>\n<\/ol>\n<p>The non-fault-based grounds, to be petitioned by either party (not jointly) are that the parties to the marriage:<\/p>\n<ol style=\"padding-left: 0\" type=\"a\">\n<li>have lived apart for a continuous period of at least\u00a0one year\u00a0immediately preceding the presentation of the petition (referred to as &#8216;one year\u2019s separation&#8217;) and the respondent consents to a decree being granted; or<\/li>\n<li>have lived apart for a continuous period of at least\u00a02\u00a0years immediately preceding the presentation of the petition (referred to as &#8216;2 years\u2019 separation&#8217;).<\/li>\n<\/ol>\n<p><u>Procedure<\/u><\/p>\n<p>In Jersey, couples must have been married for at least three years before divorce proceedings can be issued.<\/p>\n<p>Step 1: The divorce procedure is commenced by sending the court a divorce petition, Form 3 (Notice of Proceedings) and Form 4 (Acknowledgement of Service). If the parties have children, a Statement of Arrangements for Children must also be completed and filed with the court. Once the divorce papers have been endorsed by the court, the petitioner must arrange for the divorce petition and accompanying documents to be served on the respondent.<\/p>\n<p>Step 2:\u00a0 The respondent must return the Acknowledgement of Service to the court within 8 days of service, if living in Jersey. Longer return times apply if the respondent is being served outside of Jersey.<\/p>\n<p>Step 3:\u00a0 Application for Decree Nisi. If the petition is undefended, the petitioner must apply for a Greffier&#8217;s Certificate accompanied by an affidavit in support of the petition and the matter is then heard by a Family Judge on a set date; neither the parties nor their respective legal representatives need to attend unless there is a dispute about the divorce costs. Decree Nisi is then pronounced.<\/p>\n<p>Step 4:\u00a0 Application for Decree Absolute. Parties are required to wait at least 6 weeks and 1 day after the pronouncement of Decree Nisi before applying for Decree Absolute.<\/p>\n<p>Step 5: Decree Absolute granted. This is the final decree formally dissolving a couple&#8217;s marriage.<\/p>\n<p>The divorce process can be as short as 12 weeks from the issue of the petition to Decree Absolute. The process can take significantly longer if parties wish to resolve financial matters before Decree Absolute is granted.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the requirements for service of divorce proceedings in your jurisdiction? Can you make a joint application for a divorce in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Pursuant to Rule 9 of the Matrimonial Causes Rules 2005, service may be effected either personally or by post.<\/p>\n<p>In Jersey, personal service must be effected by the Viscount.<\/p>\n<p>In practice, where both parties have legal representation who are instructed accordingly, service of the petition will be effected by email on the other party\u2019s lawyer.<\/p>\n<p>Parties cannot currently make a joint application for divorce in Jersey.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are the following recognised in your jurisdiction? a. Foreign marriages; b. Foreign civil partnerships \/ civil unions; c. Customary marriages, or d. Religious marriages.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><ol style=\"padding-left: 0\" type=\"a\">\n<li>Yes &#8211; a foreign marriage will be recognised if it is a legal, valid marriage in the country in which the marriage took place.<\/li>\n<li>Yes \u2013 a foreign civil partnership\/civil union will be recognised if it is a legal, valid civil partnership\/civil union in the country in which the civil partnership\/civil union took place.<\/li>\n<li>No \u2013 customary marriages are not recognised in Jersey.<\/li>\n<li>Pursuant to the Marriage and Civil Status (Jersey) Order 2018 and Marriage and Civil Status (Jersey) Law 2001, some religious marriages are recognised in Jersey, however others require either the involvement of a celebrant authorised by the Superintendent Registrar or a separate civil ceremony in addition to the religious ceremony.<\/li>\n<\/ol>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are same sex marriages \/ unions recognised in your jurisdiction and if so, how?  Does your jurisdiction recognise same sex marriages \/ unions that have taken place in another jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Yes \u2013 same-sex marriages\/unions are recognised in Jersey. Same-sex marriage is governed by the Marriage and Civil Status (Jersey) Order 2018. The Civil Partnership (Jersey) Law 2012 permits same-sex couples to become civil partners and recognises same-sex unions from other jurisdictions.<\/p>\n<p>Yes &#8211; Jersey will recognise a same-sex marriage\/union which has taken place in another jurisdiction if it is a legal, valid marriage\/union in the country in which the marriage took place.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the substantive financial orders (e.g. capital, property, pensions and maintenance \/ alimony) the court can make?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Articles 25 and 27-31 of the Matrimonial Causes (Jersey) Law 1949 provide the Family Division with power to make the following substantive orders:<\/p>\n<ol style=\"padding-left: 0\" type=\"i\">\n<li>Child maintenance;<\/li>\n<li>Spousal maintenance, including interim maintenance;<\/li>\n<li>Secured provision;<\/li>\n<li>Lump sums;<\/li>\n<li>Transfer, sale or settlement of property;<\/li>\n<li>Variation of a settlement.<\/li>\n<\/ol>\n<p>Pension sharing orders cannot be made in Jersey. Pensions are therefore usually dealt with by way of off-setting.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the guiding principles adopted in your jurisdiction in relation to the division of assets?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The court has a very wide discretion in determining a fair financial outcome, having regard to all the circumstances of the case. The court will take into account the worldwide assets of both parties (whether liquid or illiquid and from whatever sources) including trust interests, assets acquired before the marriage and\/ or by way of inheritance, in determining the appropriate financial division and level of provision to be made.<\/p>\n<p>In exercising its discretion, the court has to consider all the circumstances of the marriage and in particular a number of factors which include (i) the income, earning capacity, property and other financial resources of each party now or in the foreseeable future, (ii) the financial needs, obligations and responsibilities each of party now or in the foreseeable future, (iii) the standard of living, (iv) the age of each of spouse and the duration of the marriage, (v) any physical or mental disability, (vi) the contributions which each party each made to the welfare of the family e.g. by caring for children, (vii) conduct &#8211; which must be of an extremely serious or harmful nature in order to be taken into account and (viii) the loss of benefits which would arise (e.g. loss of pension rights, as a result of divorce).<\/p>\n<p>When considering these factors, the court will give paramount consideration to the welfare of any child of the family.<\/p>\n<p>There is no discrimination between the contributions of the homemaker and the breadwinner. Each spouse will be considered to have made an equal contribution to the family in their different spheres. The court does not generally place any weight on which spouse earned the money and built up the assets during the marriage.<\/p>\n<p>There is no mathematical formula for working out the appropriate division of assets. The starting point is that the parties should share the matrimonial acquest equally (i.e. 50:50) (this is commonly referred to as the sharing principle). The sharing principle applies to matrimonial capital \u2013 it does not extend to income.<\/p>\n<p>Where both parties are able to meet theirs and the children&#8217;s needs from their share of the matrimonial acquest that will, generally speaking, be the end of matters. However, in the majority of cases, it is not possible for both parties to meet their needs from their share of the matrimonial acquest and a departure from a 50:50 split, or recourse to non-matrimonial assets, may be justifiable on the basis of need.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Can the court make interim financial provision during proceedings? (including for legal and interim maintenance \/ alimony costs) during the proceedings, and what factors are taken into account?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Yes, interim maintenance can be ordered pursuant to Article 31 of the Matrimonial Causes (Jersey) Law 1949. Interim legal costs provision can also be ordered pursuant to the same statutory provision, save that the court will expect the applying party to have explored alternative sources of funding, including litigation funding, in advance of the application.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How is ongoing spousal maintenance \/ alimony dealt with \u2013 is it typically awarded for a fixed term or on an ongoing basis? Is there a standard formula for calculating the amount and duration, or do judges retain discretion?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>There is no entitlement to share in your spouse&#8217;s future income and any claim to a spouse&#8217;s future income must be referenceable to need. The court must consider whether there are sufficient assets to achieve an overall clean break or a deferred clean break so that there is no ongoing maintenance provision to be paid.<\/p>\n<p>Where a spousal maintenance award is made, it is invariably index-linked. There is no fixed formula to calculate how much spousal maintenance a person should pay; the Judge has significant discretion. Spousal maintenance orders are usually for a short-to-medium length of time and payments are very rarely made for the entirety of the receiving party&#8217;s life.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is the process for recognising and enforcing foreign financial orders?  How is enforcement dealt with to ensure compliance with financial orders following divorce in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Foreign financial orders are not, per se, enforceable.\u00a0 It is important to note that this extends to injunctive relief granted by foreign courts which purports to extend to Jersey and assets there sited.\u00a0 A reciprocal order will need to be obtained from the Royal Court of Jersey to ensure the order\u2019s enforceability. Whilst this will for all intents and purposes be an application for a mirror order, the Royal Court will need to be satisfied as to the merits of the application. This is unlikely to require a full rehearing of the proceedings; the Royal Court is guided by the principle of comity. This means that although the Royal Court will review the merits of any stand-alone application by reference to principles of local law, the terms of a foreign order are usually accepted and recognised by reciprocal order.<\/p>\n<p>It is unlikely that a financial remedies order against a pension sited in Jersey would be capable of registration and enforcement as there is no provision in Jersey legislation for pension sharing.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Can financial claims be made in your jurisdiction after an overseas divorce?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>No.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Does your jurisdiction operate a marital property regime and if so, which?  Is there a default matrimonial property regime? Are foreign property regimes recognised and if not, in what circumstances?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>No.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">To what extent are pre-nuptial and post-nuptial agreements binding? Is it different if the prenuptial or post nuptial agreement was concluded in your jurisdiction (as opposed to another jurisdiction)?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Both pre and post nuptial agreements are treated in the same manner as they are treated by the courts of England and Wales, namely they are not enforceable per se as the court\u2019s statutory duty to ensure fairness cannot be fettered, however they will be upheld unless it would be unfair to do so\u00a0 (i.e. in the event of a vitiating factor or one party being left in a position of need) \u2013 per Radmacher v Granatino [2010] UKSC 42.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How is maintenance for a child dealt with in your jurisdiction? What is the duration of a child maintenance order?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Child maintenance or lump sum provision can either be ordered as part of an ancillary relief order, or pursuant to Schedule 1 of the Children (Jersey) Law 2002.<\/p>\n<p>There is no formulaic approach to assessing the quantum of child maintenance payable in Jersey (<em>E v F [2019] JRC 218<\/em>).\u00a0 When considering the issue of child maintenance and lump sum provision, the first step in the court&#8217;s approach is to assess the needs of the child (including the need of the receiving parent to provide the child with housing). When assessing a child&#8217;s needs it is important to note that a child is &#8216;entitled to jam on their bread&#8217;, where this can reasonably be afforded by their parents. The court will then go on to consider the ability of each of the parents to meet the child&#8217;s needs. The court will consider the income, earning capacity and other financial resources available to each of the parents, as well as a parent&#8217;s need to support other children. The child maintenance figure arrived at following the court&#8217;s discretionary exercise is usually cross-checked against the old UK CSA percentage guidelines for fairness.\u00a0 However, it is simply that \u2013 a cross-check; it is neither the starting point, nor ending point, of the analysis.<\/p>\n<p>Child maintenance orders typically include orders for the payment of medical, dental and optical expenses and school uniform and school expenses, including school trips. Childcare costs and the payment of school fees may also be ordered.<\/p>\n<p>Under Schedule 1 of the Children (Jersey) Law 2002 child maintenance is normally paid until a child reaches the age of 16 or completes full-time secondary education (whichever is later), with a review if the child proceeds to tertiary education.<\/p>\n<p>The position is similar in ancillary relief proceedings save that in practice the majority of orders specify child maintenance should extend until a child reaches the age of 17 or completes full-time secondary education (whichever is later).<\/p>\n<p>With leave of the court, a person over the age of 16 can bring a claim for periodical payments or a lump sum if they are in education or undergoing training for a trade, profession or vocation (or would be if an order was made) or there are special circumstances which justify the making of an order.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">With the exception of child maintenance, does the court have power to make any orders for financial provision for a child, e.g. housing and\/or capital sums?  If so, in what circumstances?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Yes. Such orders can be made either as part of an ancillary relief order, or pursuant to Schedule 1 of the Children (Jersey) Law 2002.<\/p>\n<p>In practice, any capital sum is likely to be secured for the child&#8217;s future benefit. If financial provision for housing is ordered, ordinarily this will revert to the paying party upon completion of secondary education\/the child reaching the age of majority.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Is cohabitation recognised and if so, how?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Couples may enter into a formal civil partnership pursuant to the Civil Partnership (Jersey) Law 2012.<\/p>\n<p>Unmarried couples who have not entered into a formal civil partnership are not recognised.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What financial claims, if any, do cohabitees have when they separate and how are such claims determined i.e. what are the guiding principles?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Whilst the court is afforded significant powers pursuant to the Matrimonial Causes (Jersey) Law 1949 to consider the separation of spouses&#8217; finances on divorce, the court is not afforded such powers in respect of cohabiting couples who decide they no longer wish to be in a relationship and live together. In short, cohabiting couples&#8217; do not have the same rights on separation as married couples when divorcing.<\/p>\n<p>There is the potential for difficulty to arise for cohabiting couples when property is purchased in one partner&#8217;s sole name and where their finances are otherwise pooled, with both partners contributing to the purchase price of the property, to the mortgage, to the cost of utilities and to their collective living expenses. The partner whose name is on the property&#8217;s deeds will be considered the property&#8217;s legal owner and the other will need to make a claim that the other has been &#8216;unjustly enriched&#8217; by virtue of their contributions, should the parties not be able to reach an agreement in respect of their respective financial interests in the property.<\/p>\n<p>Where a separating cohabiting couple have children, they will each have the right to make an application for child maintenance and lump sums and property transfers under Schedule 1 of the Children (Jersey) Law 2002, as well as child arrangements orders.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is the legal status of separated parents in relation to their children? Does it make a difference if the parents were never married?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Separated parents generally have equal status, save that in some circumstances, fathers may not have parental responsibility for the child.<\/p>\n<p>A father will only automatically have parental responsibility if the mother and father were married at the time of the child&#8217;s birth or the child was born in Jersey after 2 December 2016 and the father&#8217;s name is registered on the child&#8217;s birth certificate.<\/p>\n<p>If the child was born in Jersey before 2 December 2016, an unmarried father will not automatically have parental responsibility for the child. In such circumstances, an unmarried father must enter into a parental responsibility agreement with the child&#8217;s mother or apply to the court for a parental responsibility order. A parental responsibility agreement must be made in the form set out in the Schedule to the Children (Parental Responsibility Agreement) Rules 2005 and must be filed with the Family Division of the Royal Court of Jersey.<\/p>\n<p>Jersey is not currently party to the Convention of 19 October 1996 on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measure for the Protection of Children, thus even if a parent had parental responsibility for a child in the country in which they previously lived and\/or in which the child was born, that position may not be recognised in Jersey.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the jurisdictional requirements for child arrangements\/child custody proceedings?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Pursuant to the Child Custody (Jurisdiction) (Jersey) Law\u00a02005, the court shall not have power to make child arrangements orders in respect of a child unless;<\/p>\n<ol style=\"padding-left: 0\" type=\"i\">\n<li>The child is habitually resident in Jersey; or<\/li>\n<li>The child is present in Jersey and is not habitually resident there or in the United Kingdom but the court considers the immediate exercise of its power is required in the child\u2019s welfare; or<\/li>\n<li>The child\u2019s parents matrimonial proceedings are continuing in Jersey.<\/li>\n<\/ol>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is the legal position in relation to contact following the breakdown of a relationship? What types of orders can the court make in relation to child custody\/a child\u2019s living arrangements and what are the guiding principles?  What steps are followed to hear the voice of the child?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Article 10 of the Children (Jersey) Law 2002 provides that the Family Division may make the following orders;<\/p>\n<ol style=\"padding-left: 0\" type=\"a\">\n<li>a contact order;<\/li>\n<li>a prohibited steps order;<\/li>\n<li>a residence order; or<\/li>\n<li>a specific issue order.<\/li>\n<\/ol>\n<p>The overriding principle is the child\u2019s welfare i.e. what is in the child\u2019s best interests. The Family Division is guided by the welfare checklist set out at Article 2 of the Children (Jersey) Law 2002:<\/p>\n<p><strong>\u20182\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0Welfare of the child<\/strong><\/p>\n<ol style=\"padding-left: 0\">\n<li>When the court determines any question with respect to \u2013\n<ol style=\"padding-left: 5\" type=\"a\">\n<li>the upbringing of a child; or<\/li>\n<li>the administration of a child\u2019s property or the application of any income arising from it,<\/li>\n<li>the child\u2019s welfare shall be the court\u2019s paramount consideration.<\/li>\n<\/ol>\n<\/li>\n<li>In any proceedings in which any question with respect to the upbringing of a child arises, the court shall have regard to the general principle that any delay in determining the question is likely to prejudice the welfare of the child.<\/li>\n<li>In the circumstances mentioned in paragraph (4), the court shall have regard in particular to \u2013\n<ol style=\"padding-left: 5\" type=\"a\">\n<li>the ascertainable wishes and feelings of the child concerned (considered in the light of the child\u2019s age and understanding);<\/li>\n<li>the child\u2019s physical, emotional and educational needs;<\/li>\n<li>the likely effect on the child of any change in his or her circumstances;<\/li>\n<li>the child\u2019s age, sex, background and any characteristics of the child which the court considers relevant;<\/li>\n<li>any harm which the child has suffered or is at risk of suffering;<\/li>\n<li>how capable each of the child\u2019s parents, and any other person in relation to whom the court considers the question to be relevant, is of meeting the child\u2019s needs; and<\/li>\n<li>the range of powers available to the court under this Law in the proceedings in question.<\/li>\n<\/ol>\n<\/li>\n<li>The circumstances are that \u2013\n<ol style=\"padding-left: 5\" type=\"a\">\n<li>the court is considering whether to make, vary or discharge an Article 10 order, and the making, variation or discharge of the order is opposed by any party to the proceedings; or<\/li>\n<li>the court is considering whether to make, vary or discharge an order under Part 4.<\/li>\n<\/ol>\n<\/li>\n<li>Where the court is considering whether or not to make one or more orders under this Law with respect to a child, it shall not make the order or any of the orders unless it considers that doing so would be better for the child than making no order at all.\u2019<\/li>\n<\/ol>\n<p>There is no automatic position in respect of contact following the breakdown of a relationship, however the court expects children to have the opportunity of the best possible relationship with each of their parents.<\/p>\n<p>In the majority of cases, the child\u2019s voice is heard via the appointment of a Jersey Court Advisory Service (\u2018JFCAS\u2019) officer, who will prepare a welfare report, to include the child&#8217;s wishes and feelings. The weight to be applied to the child&#8217;s wishes and feelings will depend upon their age and maturity. In more complex cases, the JFCAS officer maybe appointed as Guardian for the children.<\/p>\n<p>The Family Division judges will also, in appropriate cases, meet with children to discuss their wishes and feelings.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the rules relating to the relocation of a child within and outside your jurisdiction and what are the guiding principles?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Jersey is a small island of 9 by 5 miles and there is therefore no restriction on relocation within Jersey.<\/p>\n<p>The parent wishing to relocate to another jurisdiction with the child requires the consent of all those with parental responsibility for the child or a court order granting permission to relocate. In practice, it is sensible to obtain the consent of the other parent, even if they do not have parental responsibility pursuant to the Children (Jersey) Law 2002.<\/p>\n<p>In accordance with Article 2(1) of the Children (Jersey) Law 2002, the children\u2019s welfare shall be the court\u2019s paramount consideration in any leave to remove application.<\/p>\n<p>The court must have regard to the facts as set out in the welfare checklist in Article 2(3) of the Children (Jersey) Law 2002.<\/p>\n<p>The relevant principles to be applied are the same as those applied by the Court of England &amp; Wales, as set out by Mostyn J in GT v RJ (Leave to Remove) [2018] EWFC 26. These principles have been applied by the Royal Court \u2013 see, for example, A v B [2019] JRC 001A, C v D [2019] JRC 090A and LL v MM [2020] JRC 137. The principles have been distilled as follows:<\/p>\n<ol style=\"padding-left: 0\" type=\"i\">\n<li>&#8220;The principle of the paramountcy of the children\u2019s best interests, as taxonomized by the welfare checklist, which is not to be glossed, augmented or steered by any presumption in favour of the putative relocator.<\/li>\n<li>Lord Justice Thorpe\u2019s famous \u2018discipline\u2019 in Payne v Payne [2001] 1 FLR 1052 is now relegated to no more than guidance, which can be drawn on, or not, as the individual case demands.<\/li>\n<li>If the applicant\u2019s case is not well thought out and is not supported by evidence it will likely fail.<\/li>\n<li>If the applicant\u2019s case, or the respondent\u2019s defence, is not advanced in good faith but rather is driven by an unworthy ulterior motive, then that case, or defence, will fail.<\/li>\n<li>The court must consider the impact on the mother if the application is refused as well as the impact on the father if it is granted.<\/li>\n<li>The court must undertake a \u2018global\u2019 or \u2018holistic\u2019 or \u2018360 degree\u2019 exercise.<\/li>\n<li>The court\u2019s function in a removal case is one of evaluation rather than a pure exercise of discretion &#8212; see Kacem v Bashir [2010] NZSC 112, [2011] 2 NZLR 1, [2010] NZFLR 884.<\/li>\n<li>The court will have to resolve disputed facts and there is a burden of proof on the party alleging the facts in issue, but once the facts are established there is no formal legal burden of proof on the applicant &#8211;see Payne v Payne at para 25 per Thorpe LJ: \u201cI do not think that such concepts of presumption and burden of proof have any place in Children Act litigation where the judge exercises a function that is partly inquisitorial.\u201d<\/li>\n<li>Common sense dictates that where one parent seeks that a well-functioning status quo should be changed he\/she has to make the running in terms of the evidence and argument to show that change would be more in the children\u2019s interests than no change. Notwithstanding the partly inquisitorial function of the court the maxim affirmati non neganti incumbit probatio (the burden of proof is on him who affirms &#8211; not on him who denies) should loosely apply to the case for change.<\/li>\n<li>There is no principle in Children Act litigation that a new spouse takes subject to the claims of the old one (see, for money cases, Vaughan v Vaughan [2010] EWCA Civ 349 [2011] Fam 46).\u00a0 However, if someone forms a relationship with a woman who has children from a prior relationship where the father of those children is enjoying a stable regime of contact, then the new partner must surely be taken to enter the relationship, with all its incumbrances, with his eyes wide open.\u00a0 On the other hand, the father of those children must surely recognise the prospect of his former wife re-partnering and in that event a case for change being advanced.\u00a0 The weight to be attributed to these two general propositions will depend on the facts of the case in hand; and<\/li>\n<li>Arguments in relation to the devastation and impact of refusal of the relocating parent should be treated very circumspectly.&#8221;<\/li>\n<\/ol>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is the process for recognising and enforcing foreign orders for contact\/custody of children?  Does your court operate a system of mirror orders?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>If the order has been made under Part 1 of the Family Law Act 1986, it can be registered in Jersey without consideration of the merits, although it is important to note that any provision(s) in the English order regarding enforcement will not be recognised. Instead, the Royal Court will have its own full range of enforcement powers available to it.<\/p>\n<p>Foreign orders which have not been made pursuant to Part 1 of the Family Law Act 1986 will not be automatically enforceable in Jersey and an application will likely need to be made to register the order (for, in effect, a mirror order).<\/p>\n<p>Procedurally, the foreign court should send a copy of the Order, any prescribed particulars of variation, if relevant, and a copy of the accompanying documents to the Royal Court. As noted above, the party seeking the mirror order may be required to make an application for this to happen, but it is the court of primary jurisdiction that makes the request to the Royal Court. The Royal Court has been clear that it has inherent jurisdiction to make such mirror orders. The mirror order will, however, only take effect once the child comes within the jurisdiction of the Royal Court.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is the legal position on international abduction? Is your jurisdiction a signatory of The Hague Convention on the Civil Aspects of International Child Abduction 1980?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>If the order has been made under Part 1 of the Family Law Act 1986, it can be registered in Jersey without consideration of the merits, although it is important to note that any provision(s) in the English order regarding enforcement will not be recognised. Instead, the Royal Court will have its own full range of enforcement powers available to it.<\/p>\n<p>Foreign orders which have not been made pursuant to Part 1 of the Family Law Act 1986 will not be automatically enforceable in Jersey and an application will likely need to be made to register the order (for, in effect, a mirror order).<\/p>\n<p>Procedurally, the foreign court should send a copy of the Order, any prescribed particulars of variation, if relevant, and a copy of the accompanying documents to the Royal Court. As noted above, the party seeking the mirror order may be required to make an application for this to happen, but it is the court of primary jurisdiction that makes the request to the Royal Court. The Royal Court has been clear that it has inherent jurisdiction to make such mirror orders. The mirror order will, however, only take effect once the child comes within the jurisdiction of the Royal Court.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is the status of surrogacy arrangements and are surrogates permitted to be paid? Is surrogacy available to individuals and cohabiting couples (both heterosexual and same-sex)?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Surrogacy is legal in Jersey, however it is not currently governed by any legislation. Surrogates must not be paid, but their reasonable expenses may be met.<\/p>\n<p>Presently under Jersey law, the woman who gives birth to\u00a0the baby will be the legal mother (registered as the child&#8217;s mother in the register of births and named on the child&#8217;s birth certificate) and if she is married, her husband automatically becomes the legal father unless it is shown that he did not consent to the arrangement. Following a six week period, the surrogate mother can provide her agreement for the child to be freed for adoption or for a parental order to be made by the court in England and Wales, if they satisfy the criteria in Section 54 of the Human Fertilisation and Embryology Act 2008. There is some debate in Jersey as to the enforceability of a parental order obtained in England and Wales.<\/p>\n<p>The draft Children and Civil Status (Amendments) (Jersey) Law 2024, once enacted, will allow the intended parents of a child born by a surrogate mother to apply to the court in Jersey for a parental order, which will, if granted, provide them with legal parent status and parental responsibility for the child and extinguish the existing legal parent status and parental responsibility for the child. Certain criteria, which will be set out in the new law, will need to be satisfied in order for a parental order to be granted.<\/p>\n<p>Surrogacy arrangements are generally made with organisations in the UK and the medical profession in Jersey, as it is not currently possible for a surrogate mother to receive all of her treatment and care in Jersey.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is the legal position in relation to adoption? Is adoption available to individuals and cohabiting couples (both heterosexual and same-sex)?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Adoption in Jersey is governed by the Adoption (Jersey) Law 1961. Adoption is available to individuals, married couples, civil partners and cohabiting couples (both heterosexual and same-sex), providing at least one of them is domiciled in the British Isles.<\/p>\n<p>Unless the child has been freed for adoption by virtue of a court order, each person with parental responsibility must consent to an adoption, save in circumstances in which the court considers a parent&#8217;s or guardian&#8217;s agreement to the making of an adoption order should be dispensed with. This may be because the parent or guardian cannot be found or is incapable of giving agreement, is withholding his or her agreement unreasonably, has persistently failed to exercise his or her rights, has abandoned or neglected the child or is incapable of looking after the child.<\/p>\n<p>An adoption order will not be made in respect of a child unless the proposed adopter is (i) the mother or father of the child; (ii) is a relative of the child and has attained the age of 20 years; or (iii) has attained the age of 25 years.<\/p>\n<p>The child must have lived with the applicant for at least three months before applying for an adoption order. So far as is practicable, the court will consider the child&#8217;s wishes and feelings about the adoption, taking into account their age and understanding. A child aged 14 or older must agree in writing to the adoption, unless the court decides the child cannot give agreement.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What forms of non-court dispute resolution (including mediation) are available in your jurisdiction? Is non-court dispute resolution mandatory? What is the status of agreements reached via NCDR?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The court encourages parties to settle their family disputes outside of the court arena. All forms of alternative dispute resolution (&#8220;ADR&#8221;) are, currently, voluntary. It is expected that this position will be reformed in due course and that NCDR will become mandatory for those engaged in court proceedings.<\/p>\n<p>Parties can engage in the following forms of ADR:<\/p>\n<ol style=\"padding-left: 0\" type=\"a\">\n<li>Mediation<\/li>\n<li>Private financial dispute resolution (p.FDR) or court- led FDRs \u2013 whilst the FDR is not part of the court process in Jersey, p.FDRs and court-led FDRs are a commonly utilised form of ADR. English barristers are engaged to conduct p.FDRs and the Jersey Family Court offers free court-led FDRs in appropriate cases, with the Family Judge not hearing the case providing an indication.<\/li>\n<li>Family Foundation \u2013 this is a free mediation service offered by the Family Division of the Royal Court. The team at Family Foundation includes Family Judges, Family Proceedings&#8217; Officers (FPOs), Jersey Family Court Advisory Service (JFCAS) officers.<\/li>\n<\/ol>\n<p>The status of agreements reached via ADR is that they are not strictly binding, as the court&#8217;s discretion cannot be fettered. However, where clear terms have been agreed, which the parties have willingly understood and entered into, the court is likely to uphold the agreement, unless it would be unfair to do so.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Which areas of family law are likely to see reform in the near future?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Jersey is in the process of reforming divorce law to remove fault-based divorce, the existing three-year bar on divorce applications, and to enable joint divorce applications. The draft law also will also provide the court with power to order NCDR and occupation orders, as well as provision for lump sums to be paid from pensions. It is hoped that future reform will introduce pension sharing orders.<\/p>\n<p>Jersey has passed new legislation which is not yet in force \u2013 the Children and Civil Status (Amendments) (Jersey) Law 2024 \u2013 which will make provision for children who are conceived as a result of fertility treatment or surrogacy arrangements, including legal parent status\/parental orders, the acquisition of parental responsibility and related registration procedures.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are family proceedings conducted in private? Is the press allowed to attend hearings? Are judgments made public?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Article 34(2) of the Matrimonial Causes (Jersey) Law 1949 provides that the &#8220;court may sit in private for the verification of the assets and liabilities of the parties and for the purpose of deciding upon the nature and extent of the order or orders, if any, proper to be made in the case&#8221;. In practice, almost all ancillary relief cases are heard in private. All children cases are conducted in private. Judgments are almost always published in anonymised form. Members of the press do not have access to the family courts.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How does relationship breakdown impact death and estate planning?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>There is a quasi-forced heirship regime operating in respect of those domiciled in Jersey on their death, under which there are claims spouses (or civil partner) are able to make in respect of both Jersey immovable property (i.e. real estate) and movable property.<\/p>\n<p>The first is <em>douaire \u2013 <\/em>dower rights over a person&#8217;s Jersey situs immovable property (i.e. real estate). If a person dies testate, Jersey law bestows a right of life enjoyment on the surviving spouse (or civil partner) over one-third of all of the deceased person&#8217;s Jersey situs immovable property. If the deceased person died intestate leaving a surviving spouse (or civil partner) and children (a property occupied as the principal residence by the deceased person and their spouse), then the spouse (or civil partner) is entitled to a statutory right of life enjoyment over the &#8220;matrimonial home&#8221; as well as a share of the immovable estate with the children. \u00a0The surviving spouse (or civil partner) also has an indefeasible claim to the household effects.<\/p>\n<p>The second is <em>l\u00e9gitime<\/em>, which applies to the movable property of a person dying testate and domiciled in Jersey and includes their worldwide tangible and intangible moveable assets. Notwithstanding the terms of the deceased person&#8217;s will, if the deceased person leaves a surviving spouse (or civil partner) and children, the surviving spouse (or civil partner) is entitled to claim one-third of the movable estate. Any children (collectively) would also be entitled to claim one-third of the movable estate. Where the deceased person dies testate leaving a surviving spouse (or civil partner) and no children, the surviving spouse (or civil partner) shall be entitled to claim two-thirds of the movable estate. In either case, the remaining third will be distributed according to the terms of the will (on a pro-rata basis)<\/p>\n<p>A spouse&#8217;s or civil partner&#8217;s succession rights are extinguished on divorce. If a divorced person wishes their former spouse (or civil partner) to inherit any of their immovable or movable property, a new will should be made following the dissolution of the marriage or civil partnership.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\r\n<div class=\"word-count-hidden\" style=\"display:none;\">Estimated word count: <span class=\"word-count\">6874<\/span><\/div>\r\n\r\n\t\t\t<\/ol>\r\n\r\n<script type=\"text\/javascript\" src=\"\/wp-content\/themes\/twentyseventeen\/src\/jquery\/components\/filter-guides.js\" async><\/script><\/div>"}},"_links":{"self":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/comparative_guide\/117216","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/comparative_guide"}],"about":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/types\/comparative_guide"}],"wp:attachment":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/media?parent=117216"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}