January 27, 2026
When the decision is made to end a marriage (whether or not it’s a joint decision), there can be a tendency to want to jump the Decree Nisi and Decree Absolute hurdles as quickly as possible, to bring the marriage to an end, “free” yourself from your current spouse and move on with your life.
Where there are matrimonial assets of significance, the general advice is to wait until an agreement has been reached, signed and filed with the Court before proceeding to obtain the Decree Absolute, which will legally dissolve the marriage. There are various reasons for this.
Most pensions come with death benefits which you will still be entitled to if your spouse dies during negotiations relating to matrimonial assets, but before Decree Absolute is granted. Once Decree Absolute has been granted, if financial matters are not agreed, any rights to a spousal pension will be lost as you are no longer married.
Ownership of matrimonial assets would ordinarily accrue to the surviving spouse upon the death of their wife/husband. Once Decree Absolute is granted, accrual of matrimonial assets to the surviving spouse will not occur.
Whilst you remain married, albeit separated, you will still have a potential claim on any assets/money your spouse may inherit until Decree Absolute is granted. You lose this potential right once divorced.
Likewise, if your spouse wins big on the lottery and you are still married, you have a potential claim on these winnings. This also applies for example to work bonuses etc, which you are likely to lose once divorced.
You still have a claim on any death in service payments from your spouse’s employer in the event that he or she dies before Decree Absolute is granted. Any such claim will be lost following Decree Absolute.
It is better to agree who is responsible for tax liabilities in an agreement before Decree Absolute is granted, as often the husband pays the wife’s tax bill in Jersey.
Essentially there are many reasons to remain married until the division of the matrimonial assets is agreed within a signed document, which is ratified by the Court. The same rules apply to both spouses. Think of it as an insurance policy to protect yours and your spouse’s claims on all matrimonial assets until financial matters are agreed and the agreement is approved by the Court.
If you would like legal advice regarding your divorce, please contact Joanna Gardiner.
When the decision is made to end a marriage (whether or not it’s a joint decision), there can be a tendency to want to jump the Decree Nisi and Decree Absolute hurdles as quickly as possible, to bring the marriage to an end, “free” yourself from your current spouse and move on with your life.
Where there are matrimonial assets of significance, the general advice is to wait until an agreement has been reached, signed and filed with the Court before proceeding to obtain the Decree Absolute, which will legally dissolve the marriage. There are various reasons for this.
Most pensions come with death benefits which you will still be entitled to if your spouse dies during negotiations relating to matrimonial assets, but before Decree Absolute is granted. Once Decree Absolute has been granted, if financial matters are not agreed, any rights to a spousal pension will be lost as you are no longer married.
Ownership of matrimonial assets would ordinarily accrue to the surviving spouse upon the death of their wife/husband. Once Decree Absolute is granted, accrual of matrimonial assets to the surviving spouse will not occur.
Whilst you remain married, albeit separated, you will still have a potential claim on any assets/money your spouse may inherit until Decree Absolute is granted. You lose this potential right once divorced.
Likewise, if your spouse wins big on the lottery and you are still married, you have a potential claim on these winnings. This also applies for example to work bonuses etc, which you are likely to lose once divorced.
You still have a claim on any death in service payments from your spouse’s employer in the event that he or she dies before Decree Absolute is granted. Any such claim will be lost following Decree Absolute.
It is better to agree who is responsible for tax liabilities in an agreement before Decree Absolute is granted, as often the husband pays the wife’s tax bill in Jersey.
Essentially there are many reasons to remain married until the division of the matrimonial assets is agreed within a signed document, which is ratified by the Court. The same rules apply to both spouses. Think of it as an insurance policy to protect yours and your spouse’s claims on all matrimonial assets until financial matters are agreed and the agreement is approved by the Court.
If you would like legal advice regarding your divorce, please contact Joanna Gardiner.
When the decision is made to end a marriage (whether or not it’s a joint decision), there can be a tendency to want to jump the Decree Nisi and Decree Absolute hurdles as quickly as possible, to bring the marriage to an end, “free” yourself from your current spouse and move on with your life.
Where there are matrimonial assets of significance, the general advice is to wait until an agreement has been reached, signed and filed with the Court before proceeding to obtain the Decree Absolute, which will legally dissolve the marriage. There are various reasons for this.
Most pensions come with death benefits which you will still be entitled to if your spouse dies during negotiations relating to matrimonial assets, but before Decree Absolute is granted. Once Decree Absolute has been granted, if financial matters are not agreed, any rights to a spousal pension will be lost as you are no longer married.
Ownership of matrimonial assets would ordinarily accrue to the surviving spouse upon the death of their wife/husband. Once Decree Absolute is granted, accrual of matrimonial assets to the surviving spouse will not occur.
Whilst you remain married, albeit separated, you will still have a potential claim on any assets/money your spouse may inherit until Decree Absolute is granted. You lose this potential right once divorced.
Likewise, if your spouse wins big on the lottery and you are still married, you have a potential claim on these winnings. This also applies for example to work bonuses etc, which you are likely to lose once divorced.
You still have a claim on any death in service payments from your spouse’s employer in the event that he or she dies before Decree Absolute is granted. Any such claim will be lost following Decree Absolute.
It is better to agree who is responsible for tax liabilities in an agreement before Decree Absolute is granted, as often the husband pays the wife’s tax bill in Jersey.
Essentially there are many reasons to remain married until the division of the matrimonial assets is agreed within a signed document, which is ratified by the Court. The same rules apply to both spouses. Think of it as an insurance policy to protect yours and your spouse’s claims on all matrimonial assets until financial matters are agreed and the agreement is approved by the Court.
If you would like legal advice regarding your divorce, please contact Joanna Gardiner.
When the decision is made to end a marriage (whether or not it’s a joint decision), there can be a tendency to want to jump the Decree Nisi and Decree Absolute hurdles as quickly as possible, to bring the marriage to an end, “free” yourself from your current spouse and move on with your life.
Where there are matrimonial assets of significance, the general advice is to wait until an agreement has been reached, signed and filed with the Court before proceeding to obtain the Decree Absolute, which will legally dissolve the marriage. There are various reasons for this.
Most pensions come with death benefits which you will still be entitled to if your spouse dies during negotiations relating to matrimonial assets, but before Decree Absolute is granted. Once Decree Absolute has been granted, if financial matters are not agreed, any rights to a spousal pension will be lost as you are no longer married.
Ownership of matrimonial assets would ordinarily accrue to the surviving spouse upon the death of their wife/husband. Once Decree Absolute is granted, accrual of matrimonial assets to the surviving spouse will not occur.
Whilst you remain married, albeit separated, you will still have a potential claim on any assets/money your spouse may inherit until Decree Absolute is granted. You lose this potential right once divorced.
Likewise, if your spouse wins big on the lottery and you are still married, you have a potential claim on these winnings. This also applies for example to work bonuses etc, which you are likely to lose once divorced.
You still have a claim on any death in service payments from your spouse’s employer in the event that he or she dies before Decree Absolute is granted. Any such claim will be lost following Decree Absolute.
It is better to agree who is responsible for tax liabilities in an agreement before Decree Absolute is granted, as often the husband pays the wife’s tax bill in Jersey.
Essentially there are many reasons to remain married until the division of the matrimonial assets is agreed within a signed document, which is ratified by the Court. The same rules apply to both spouses. Think of it as an insurance policy to protect yours and your spouse’s claims on all matrimonial assets until financial matters are agreed and the agreement is approved by the Court.
If you would like legal advice regarding your divorce, please contact Joanna Gardiner.