Debate contribution: No-fault Divorce

Debate contribution by Ms Sian Mulholland on 20 May 2024.

MLA

Ms Sian Mulholland

Party at the time

Alliance Party

Date

20 May 2024

Type

Debate contribution

Business

Private Members' Business

Heading

No-fault Divorce

Assembly identifier

Official Report component 4491294

Read the official Assembly record

Text

The tension and hostility that can permeate a home during a marriage breakdown can have a really lasting impact on everyone, not least children, if they are involved. Even in the most amicable of situations, children can be left feeling confused, scared and emotionally distressed. That is the reality for so many families and children in Northern Ireland, and it is exacerbated by our current fault-based divorce system. A change is long overdue. I thank the Member for tabling the motion. Currently, our divorce process incentivises making allegations about the other's conduct in order to avoid a prolonged separation period. That fosters acrimony and conflict, which causes unnecessary emotional pain and financial burden. The requirement to assign blame fosters a toxic environment, particularly for women and children, victims of domestic abuse and low-income individuals. Alternatively, couples may remain legally married and endure an unhappy coexistence due to the law requiring a separation period of two years by consent or five without. Those extended waiting periods exacerbate the difficulties experienced by those who are in an already vulnerable situation. I have seen that in my family networks, and it is anything but healthy. A toxic divorce that is characterised by high levels of conflict and blame can, as I said, cause significant emotional and psychological harm to children. When parents are embroiled in those bitter disputes, the children often feel as if they are caught in the middle. Children may also be forced or feel forced to take sides and develop resentment towards one or both parents, which affects their long-term emotional bonds, trust and academic achievement. The long-term benefits of no-fault divorce and co-parenting cannot be overstated. When parents are not pitted against each other in a blame game, they are more likely to develop and maintain cooperative parenting relationships. That cooperation is essential for the healthy development of children, who benefit immensely from having both parents actively involved in their life without the shadow of ongoing conflict. As has been said, it is not just children on whom the change will impact but victims of domestic violence. Requiring fault-based facts in divorce petitions can, at times, escalate conflict and endanger survivors. If victims of domestic violence choose not to disclose that behaviour because they fear the consequences if they do, the extended waiting periods before divorce can allow abusers to maintain control over their life. Abusers can use that period to continue their coercive and controlling behaviour, further endangering the victim. We know that women in particular are most in danger when they have already chosen and indicated their intent to leave. Victims can be subjected to ongoing physical, emotional and psychological abuse during that waiting period. If we removed abusers' ability to contest the divorce, we would further prevent that manipulation and control, which would enable victims to rebuild their life with dignity and security. The reduction in conflict would also lead to lower legal costs, making the process much more accessible to all individuals, particularly those, as I said, who are in a vulnerable situation. The introduction of no-fault divorce in England and Wales has been met with widespread approval. The Law Society of England and Wales has reported that the process has become less contentious and more focused on constructive outcomes, which is a positive for all. Other jurisdictions, such as Scotland and France, have long benefited from having much more straightforward divorce proceedings that do not rely heavily on fault. By introducing no-fault divorce, we have the opportunity to align our laws with the realities that modern families face. The reform is not about making divorce easier; it is about making it less damaging. It will ensure that, when there is no other option and a marriage cannot be salvaged, the process of ending it does not inflict additional harm on those involved. The benefits of no-fault divorce are clear: reduced conflict; lower legal costs; better emotional outcomes for children; and a safer and more dignified route out of abusive relationships. We have seen the positive impacts of similar reforms, and I hope that we can work together to create a system that prioritises the well-being of families, reduces unnecessary conflict and supports individuals to move forward with their lives constructively and positively.

708 words. Text as published by the Northern Ireland Assembly.

Assessment

Not flagged

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Assessed 21 October 2026 at 10:22 UTC by jev-1.13.0 (requested as typesafe/jev) under rubric 2026.10-r9, methodology 1.9.

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