February 13, 2026
Many people rely on the ground of two years separation when divorcing in Jersey. It is common misconception that there is no defence to a divorce on this ground and all that is required is:
However, there is in fact a defence to such divorce proceedings and the respondent can seek a dismissal of the petition in certain circumstances.
Within the Matrimonial Causes (Jersey) Law 1949 there is a provision whereby the respondent can oppose the grant of a decree on the grounds that it would result in grave financial or other hardship. If the court considers that it would be wrong to dissolve the marriage (taking into account all of the circumstances of the case, the conduct of the parties and their interests and those of their children), it will dismiss the petition.
Financial hardship includes the loss of a benefit which the respondent would retain if he/she remained married.
A typical example of this is where the respondent’s wife has built a life with the husband petitioner, raised their children and supported the petitioner’s career. She has done so in the expectation that they will remain married and in the fullness of time she will enjoy his work pension with him, upon his retirement and also receive a surviving spouse’s pension from his employer in the event that he dies before her. The wife may have spent 30 plus years supporting his career whilst he was largely absent from the home and assumed very few parenting duties. She may have been unable to pursue her own career as she was supporting the family. At the end of the marriage, the wife would be seeking compensation for the loss of future pension rights from her husband’s employer. If he is unable to otherwise financially compensate her for the loss of those rights and there is no other reason for him seek to divorce (i.e. a wish to remarry so a child can be born within wedlock), the court may dismiss the petition and require the parties to remain married.
If you wish to receive legal advice regarding divorce or any other matrimonial/family matter, please contact Joanna Gardiner.
Many people rely on the ground of two years separation when divorcing in Jersey. It is common misconception that there is no defence to a divorce on this ground and all that is required is:
However, there is in fact a defence to such divorce proceedings and the respondent can seek a dismissal of the petition in certain circumstances.
Within the Matrimonial Causes (Jersey) Law 1949 there is a provision whereby the respondent can oppose the grant of a decree on the grounds that it would result in grave financial or other hardship. If the court considers that it would be wrong to dissolve the marriage (taking into account all of the circumstances of the case, the conduct of the parties and their interests and those of their children), it will dismiss the petition.
Financial hardship includes the loss of a benefit which the respondent would retain if he/she remained married.
A typical example of this is where the respondent’s wife has built a life with the husband petitioner, raised their children and supported the petitioner’s career. She has done so in the expectation that they will remain married and in the fullness of time she will enjoy his work pension with him, upon his retirement and also receive a surviving spouse’s pension from his employer in the event that he dies before her. The wife may have spent 30 plus years supporting his career whilst he was largely absent from the home and assumed very few parenting duties. She may have been unable to pursue her own career as she was supporting the family. At the end of the marriage, the wife would be seeking compensation for the loss of future pension rights from her husband’s employer. If he is unable to otherwise financially compensate her for the loss of those rights and there is no other reason for him seek to divorce (i.e. a wish to remarry so a child can be born within wedlock), the court may dismiss the petition and require the parties to remain married.
If you wish to receive legal advice regarding divorce or any other matrimonial/family matter, please contact Joanna Gardiner.
Many people rely on the ground of two years separation when divorcing in Jersey. It is common misconception that there is no defence to a divorce on this ground and all that is required is:
However, there is in fact a defence to such divorce proceedings and the respondent can seek a dismissal of the petition in certain circumstances.
Within the Matrimonial Causes (Jersey) Law 1949 there is a provision whereby the respondent can oppose the grant of a decree on the grounds that it would result in grave financial or other hardship. If the court considers that it would be wrong to dissolve the marriage (taking into account all of the circumstances of the case, the conduct of the parties and their interests and those of their children), it will dismiss the petition.
Financial hardship includes the loss of a benefit which the respondent would retain if he/she remained married.
A typical example of this is where the respondent’s wife has built a life with the husband petitioner, raised their children and supported the petitioner’s career. She has done so in the expectation that they will remain married and in the fullness of time she will enjoy his work pension with him, upon his retirement and also receive a surviving spouse’s pension from his employer in the event that he dies before her. The wife may have spent 30 plus years supporting his career whilst he was largely absent from the home and assumed very few parenting duties. She may have been unable to pursue her own career as she was supporting the family. At the end of the marriage, the wife would be seeking compensation for the loss of future pension rights from her husband’s employer. If he is unable to otherwise financially compensate her for the loss of those rights and there is no other reason for him seek to divorce (i.e. a wish to remarry so a child can be born within wedlock), the court may dismiss the petition and require the parties to remain married.
If you wish to receive legal advice regarding divorce or any other matrimonial/family matter, please contact Joanna Gardiner.
Many people rely on the ground of two years separation when divorcing in Jersey. It is common misconception that there is no defence to a divorce on this ground and all that is required is:
However, there is in fact a defence to such divorce proceedings and the respondent can seek a dismissal of the petition in certain circumstances.
Within the Matrimonial Causes (Jersey) Law 1949 there is a provision whereby the respondent can oppose the grant of a decree on the grounds that it would result in grave financial or other hardship. If the court considers that it would be wrong to dissolve the marriage (taking into account all of the circumstances of the case, the conduct of the parties and their interests and those of their children), it will dismiss the petition.
Financial hardship includes the loss of a benefit which the respondent would retain if he/she remained married.
A typical example of this is where the respondent’s wife has built a life with the husband petitioner, raised their children and supported the petitioner’s career. She has done so in the expectation that they will remain married and in the fullness of time she will enjoy his work pension with him, upon his retirement and also receive a surviving spouse’s pension from his employer in the event that he dies before her. The wife may have spent 30 plus years supporting his career whilst he was largely absent from the home and assumed very few parenting duties. She may have been unable to pursue her own career as she was supporting the family. At the end of the marriage, the wife would be seeking compensation for the loss of future pension rights from her husband’s employer. If he is unable to otherwise financially compensate her for the loss of those rights and there is no other reason for him seek to divorce (i.e. a wish to remarry so a child can be born within wedlock), the court may dismiss the petition and require the parties to remain married.
If you wish to receive legal advice regarding divorce or any other matrimonial/family matter, please contact Joanna Gardiner.