Northern Ireland is consulting on proposals to changes to divorce law which would bring the country more in line with the ‘no fault divorce’ legislation introduced in England and Wales in 2022 under the Divorce, Dissolution and Separation Act 2020.
The current law mirrors the previous system in England and Wales, requiring couples to either go through a lengthy separation before a divorce is granted, or proceedings can begin straight away if one person is at fault either through desertion, adultery, or unreasonable behaviour.
The consultation, launched in June and open until 26th September 2025, raises the spectre of introducing ‘no fault divorce’ in Northern Ireland, three years after Englanf and Wales, and nearly 30 years since the Republic of Ireland introduced such legislations. Many of the same arguments articulated throughout the campaign in England and Wales are cited in the consultation document, including the alleged introduction of blame in proceedings from the outset, ‘working against an amicable, long-term settlement.’ A Northern Ireland Assembly debate in May 2024 passed a motion calling on the Minister of Finance, under whose remit the legislation sits, to bring forward changes to the Matrimonial Causes (NI) Order 197 which read
That this Assembly acknowledges that divorce can be a difficult process for any individual or family to go through; recognises that the current fault-based divorce process can often exacerbate conflict and have a hugely negative impact on the well-being of children; notes that the no-fault divorce law, the Divorce, Dissolution and Separation Act 2020, came into effect in England and Wales in 2022; understands that children who grow up with parents who have low parental conflict, whether together or separated, enjoy better health and education outcomes; and calls on the Minister of Finance to bring forward legislation to amend the Matrimonial Causes (Northern Ireland) Order 1978 to allow applications for a divorce without apportioning blame to either party.
The biggest issue in Northern Ireland is said to be the time couples must be separated before beginning divorce proceedings; and currently a couple is unable to apply for a divorce or dissolution within the first two years of marriage. Once that time period has been reached, a divorce petition must be based on at least one of five reasons:
- two years’ separation with the consent of the other spouse to divorce
- five years’ separation
- unreasonable behaviour
- adultery
- desertion
In 2023, three quarters of couples cited ‘separation’ as the reason for their divorce according to figures published in the consultation document
| Grounds | Number | Percentage |
|---|---|---|
| Fault | 394 | 18.4 |
| No Fault/Separation | 1554 | 72.7 |
| of which 2 years | 895 | 41.9 |
| of which 5 years | 659 | 30.8 |
| Combined Grounds | 185 | 8.7 |
| Nullity | 5 | 0.2 |
| TOTAL | 2138 |
The changes being proposed are
1) An end to fault-based divorce and a move to a system of no-fault divorce based solely on evidence of separation.
2) The introduction of an administrative, no-fault system similar to that of England and Wales.
3) No fundamental change is made to the current, substantive law on divorce and dissolution.
