UK Channel Islands (Guernsey) divorce law

Greetings,
Does anyone on the forums have any experience of family law/ divorce in the Channel Islands?
I understand that Guernsey law is based on the English but that there are some differences.
Thanks in advance.
E.D.

www.cab.org.je/

try this it may give you some idea

Was there anything you specifically needed to know? Guernsey law is based on the law in England & Wales so it is very similar although there may be differences in the way is applied.

Hi there Fiona,
By way of background, I am presently working overseas. My wife has instigated the separation. I have agreed to nothing other than an informal separation. We have three children, all of primary school age. At present, wife and children are in the family home. The house is in my name only, as is the mortgage.
My wife expects that her family will buy me out of the house. At present she is stating that everything, including "contact" will be 50/50. I am awaiting some formal correspondence from her solicitor.
She fully intends cohabiting with OM. I am now unconcerned about with whom she chooses to spend her time, however, I do not wish my children to grow up in our family home with this man present as a permanent feature. I seek 50/50 residence with my children.
If I agree to sell the house to her, It will be unlikely that I can afford another on the island.
To this end, I plan on returning to my home on completion of my current work contract.
My initial question would be, can she in any way force me to sell the house, or can she prevent me from living in it?
There will be other questions, however at present I am attempting to prepare a strategy which will enable me to play the most active part in my children''s upbringing.
Thanks in advance, ED

The general advice when seperating is for both parties to remain in the house until the finances are resolved.

In saying that it''s often easier said than done you may find she makes it incredibly difficult for you to do this and tries various ways and means to oust you from your home, such as making accusations that mean you are prevented from living there. You just don''t know hopefully she will not stoop to these depths but it happens.

Hopefully you will manage to resolve the situation but if she can''t afford to buy you out as you have young children it''s possible that you may end up with a mesher order whereby she can remain in the home and you keep an interest in it until the youngest child leaves further education. You could have written into the order a non cohabitation clause. She has already revealed this is her intention anyway so you have some insite already about her plans.

You just need to decide what you can live with it must be hard thinking another person is just going to stroll into your home and put his feet up at your table, but a courts main priority will be to keep a roof over your children''s head.

There is no substitute for professional legal advice and you will need to consult a solicitor in Guernsey about your rights to live in the property. Just because the general advice in England & Wales is for both parties to remain in the former matrimonial home it isn''t applicable to every situation or other jurisdictions.

In many jurisdictions by the nature of being married both spouses have the same rights to live in the former matrimonial regardless of who paid for the property or when. HOwever if they haven''t lived there for some time it can be difficult to move back. Some jurisdictions have time limits and your wife has the human right of privacy and a family life so if she doesn''t agree to you living there either of you can apply for an interim court order to regulate occupation of the property.

I believe in Guernsey the court has no power to order the sale of the former matrimonial home. IT can only be transferred to one spouse''s name and the court can make an order for them to make a lump sum payment to the other spouse.

As far as children are concerned usually the biggest obstacle to shared care 50:50 after parents separate is the absence of shared day-to-day care 50:50 before they separate. Parental Responsibility was introduced in Guernsey in 2010 which gives both parents equal responsibility and rights to carry out those responsibilities. That means parents need to agree important issues such as changing a child''s name, education and medical treatment. If agreement cannot be reached either parent may apply to court for a decision. HOwever both parents can make day-to-day decisions unilaterally during "their" time with the children e.g. who children spend time with, what activities they do and delegating childcare.

In a nutshell you can''t force a sale of the former matrimonial home or prevent the children growing up with the OM in their lives. The danger is that by trying you will inflame the situation and damage long term family relationships more than necessary making parenting together in the future difficult or impossible.

Thank you for taking the time to reply, sulky pants and Fiona.
I will get myself to a solicitor in the Islands when next I am able. At the moment my former wife is seeking a judicial separation. From my research, this has many of the features of divorce without being called one. I am uncertain of her motivation here? One of several questions for my solicitor I guess.