DIVORCE could be on the decline because of a rise in couples opting for judicial separation and agreed financial settlements, according to a family lawyer. Guernsey divorce rates mirror those of the UK, with only 128 taking place locally last year – compared to 221 in 2003.

Davey Le Marquand, head of the family team at Carey Olsen Guernsey, said that the separation route, which was basically a negotiated consent order which agreed all matters in relation to finances and children, and was ratified by the court and therefore binding, could be behind the decline.

‘Essentially, parties are realistic that it is the finances and children that need to be sorted out.

‘If they approach matters practically and realistically the whole process becomes far more economic,’ he said.

‘But while this may be a major reason for proceeding down this route, parties are also becoming more realistic to reducing the impact on the children by agreeing matters earlier on.

‘The more amicable the arrangements, the more the inevitable animosity which will affect the children is reduced.

‘The breakdown of any marriage inevitably brings with it turmoil and distress. It is therefore essential that settlement can be achieved at the earliest realistic opportunity.’

Advocate Le Marquand said that judicial separation was an alternative, with divorce normally following on a no-fault basis two years later, or when the parties got around to dissolving the marriage.

But he said that it was important to note that while a judicial separation finalised all financial matters, the parties would still need to dissolve the marriage if, for example, either wished to remarry.

However, he said, many might not get around to divorcing.

‘We aim to forge a path that will enable the resolution of matters so that our clients can move on with their life and hopefully minimise the upset for all parties concerned.’