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Law
Recent changes to divorce legislation and financial remedies on divorce in Gibraltar
By Charles Simpson and Joanna Baglietto, Dispute Resolution Team, Triay & Triay
The Matrimonial Causes (Amendment Act) 2019 and the Family Proceedings (Matrimonial Causes) (Amendment) Rules 2019 came into force on 15th August 2019. The main object being to provide a more “harmonious” divorce procedure by legislating for non-fault divorces. This article considers the main changes as a result of the legislation as well as providing an overview of divorce procedure.
When can spouses get divorced in Gibraltar? A party to a marriage can apply for a divorce provided they have been married for at least one year and the Supreme Court of Gibraltar has jurisdiction. In exceptional circumstances, the Court can allow a petition to proceed during the first year of marriage if it can be shown that the case is one of exceptional hardship suffered by the Petitioner or one of exceptional depravity on the part of the Respondent. However, such cases are rare.
What are the grounds for divorce? There is now only one ground for divorce namely that the marriage has broken down irretrievably. Previously, the Petitioner had to prove adultery, unreasonable behaviour, desertion, two years’ separation with consent, or three years’ separation in
order to show the marriage had broken down irretrievably. The recent changes in the legislation effectively provide for “no-fault” divorces and do away with contested divorces.
How long does the divorce process take and what is the process? The divorce itself usually takes about 7-9 months to complete, albeit it does not follow that any financial disputes or disputes in relation to children will be resolved or adjudicated on by the Court within this timeframe.
To start the divorce process, the Petitioner files a divorce petition accompanied
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