Notes on the procedure for getting divorced

Read these notes when filling in your divorce papers or if you have been served with divorce papers

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, get legal advice

Court staff can only assist with certain procedural matters and cannot give you any legal advice These notes will give you:

general information about the Jersey court divorce process
more information about applying for a divorce

Further information is available from the Family Division, International House, The Parade, St. Helier

For the Law and Procedural Rules, see Matrimonial Causes (Jersey) Law 1949 and Matrimonial Causes Rules 2005 or visit the States Greffe bookshop at Morier House.

Starting the proceedings

Complete the divorce petition form with the help of the notes.
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)
Other Documents required to be given to the Court with the divorce petition (see Divorce forms and applications)

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, get a certified copy from the Office of the Superintendent Registrar, 10 Royal Square, St Helier if you were married in Jersey. A fee will be payable
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
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
Form 5 - Statement of Arrangements for Children Form (F5)	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
Fee for divorce petition	Take the petition and the above documents to the Judicial Greffe with the required fee. The fee is not refundable. Fees are payable by debit or credit card at the Family Division Reception at International House, The Parade, St Helier. You may also obtain a treasury receipt from the Treasury Department at Customer and Local Services, Philip Le Feuvre House, La Motte Street, St Helier. 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

What happens next?

The Family Court Proceedings Officer (“FCPO”) is the 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.

Serving 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: viscounts@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

Time limits

The time limit for the return of the F4 to the Court is on F3. The time limits are as follows:

Jersey	8 Days
UK, Guernsey and Northern Ireland	12 days
Europe	15 days
Rest of the World	25 days

NOTE - the date on which the petition is 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

These time limits are important as this is the time that has to pass before the next step in your divorce can take place. Make a note of the time limit as you will need to put this on your Form 20 - F20 (Application for the Greffier’s Certificate) in the next stage of the process.

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 - 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. If you do receive an answer, you may need a lawyer to help you. This is known as a defended petition

Applying for a Greffier's Certificate if undefended

When the time limit set out in F3 for the return of the F4 has passed, you can then complete F20 (Application for Greffier’s Certificate). Complete whichever is appropriate of affidavits Form 8, 9, 10 or 11. 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 Registrar is satisfied with the paperwork, the Registrar will issue the Greffier’s Certificate and set a date for the pronouncement of the Decree Nisi

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. The Decree Nisi will be sent to you.

Statement of Arrangements for children

If the Court is satisfied about the arrangements for each child, a Certificate of Satisfaction will sent to you along with your Decree Nisi.

Decree Absolute

Six weeks and a day after the pronouncement of the Decree Nisi, you as the petitioner can apply to the Registrar for the divorce to be made absolute. Use Form 12 (F12). A fee is payable. If you do not apply, the respondent may apply three months thereafter by filing a summons
There may be special cases of urgency when an earlier application may be made
The divorce will not be made absolute unless the Registrar 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 Registrar may not make the divorce absolute. If the Registrar is satisfied, a decree absolute will then be sent to you
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

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 get copies of your decree absolute you will need to pay a fee.

Finances

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 the Family Division Fees page or pick up the information from the Court. A Registrar will then decide whether to make an order in the terms you want.

See Divorce Proceedings - Financial Orders or pick up a leaflet from the Court.

Contact details

Family Division
International House
The Parade
St Helier

Telephone: +44 (0) 1534 441300

Email: jgreffe@courts.je