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Faultless divorce legislation now in effect

Proceedings for couples to end a failed marriage grew easier today as the island’s faultless divorce legislation came into effect, the House of Assembly heard yesterday.

Kathy Lynn Simmons, the Minister of Legal Affairs and Constitutional Reform, said that the Matrimonial Causes Rules 2023 had repealed the 1974 legislation, ending “the unhelpful blaming and shaming associated with having to prove, in court, that the conduct of one of the parties is the cause of the breakdown in the marriage”.

Striking out the requirement to give evidence of adultery or “unreasonable behaviour” has also lowered the cost of getting a divorce, MPs heard.

Ms Simmons called it a “monumental achievement”.

She added that work was under way to streamline the procedure with an electronic application process, with the first set of forms to go online next month.

“The aim is for parties to divorce and other matrimonial proceedings to be able to successfully navigate the process with or without an attorney,” she said.

The forms can be found online at the government portal.

Ms Simmons said details on accessing the forms would be given next month.

More documents will go electronic “as the Supreme Court Registry incorporates practical feedback from the Matrimonial Bar and as their operational processes demand”, she said.

The new procedure is now in effect for nullity of marriage or judicial separation as well as divorce, but will not affect proceedings that started before today.

• To read the minister’s statement in full, click of the PDF under “Related Media”

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Published March 14, 2023 at 7:47 am (Updated March 14, 2023 at 8:51 am)

Faultless divorce legislation now in effect

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