Debate contribution: No-fault Divorce

Debate contribution by Dr Caoimhe Archibald on 20 May 2024.

MLA

Dr Caoimhe Archibald

Party at the time

Sinn Féin

Date

20 May 2024

Type

Debate contribution (made as a minister)

Business

Private Members' Business

Heading

No-fault Divorce

Assembly identifier

Official Report component 4491340

Read the official Assembly record

Text

Thank you. I thank the sponsors of the motion for bringing it to the Floor. This is an issue that deserves further consideration by us, as policymakers. The substantive law on divorce, for which my Department holds responsibility, in the context of private family law, has remained untouched since the matrimonial causes legislation that was passed in 1978. That is coming up on nearly half a century ago, and, as society has changed, attitudes have changed and the world around us has changed, so it is now right that we take the time to reflect on societal issues like divorce and assess whether the existing law appropriately reflects those changes. It is an unfortunate reality of life that marriages sometimes break down. While many marriages endure and last a lifetime, there are others that, for a variety of reasons, will end. The same can happen with civil partnerships, and when relationships break down, it is our role as policymakers to consider how best to handle those circumstances. Our current law sets out a scheme that allows couples to divorce but also requires them, in certain cases, to show fault and attribute blame. That can lead to additional and unnecessary conflict. I believe that we need to assess our law in a way that minimises the potential for conflict. Divorce can, at times, be a protracted, difficult and painful process that takes many months or, indeed, years, particularly if the divorce is grounded on a fault basis. The purpose of the motion is to consider how we can enable divorces to take place in the most constructive manner, thus reducing conflict and enabling individuals to move on with their lives. That is particularly important in cases where divorcing couples have children. I think that we can agree that a child's interests are best served when conflict is reduced or eradicated; when there is cooperation between divorcing parents, not tension; and when the focus of the legal process is not on apportioning blame but on helping everyone to move on in as smooth a way as possible. Needing to cite blame when applying for divorce can lead to more difficult situations, especially for victims of domestic abuse, as a number of Members have said. There is potential for continued controlling or coercive behaviour. No-fault divorce allows divorce to proceed on a less contentious basis and avoids parties being trapped in a marriage. No-fault divorces are already in place in England and Wales and in the South, and I have noted the changes to divorce laws elsewhere.

I believe in the ability of the Assembly to consider and make laws that are appropriate to here. While I am of the view that the changes in England and Wales appear to be a positive step forward, I recognise that we might want to consider alternative approaches that reflect the values and views of our society and will deliver on the same goals of reducing conflict, being better for the parties divorcing and easier for children and minimising the harm that can, at times, follow from bitter and contested divorces.

My Department has limited resources in this area, and the small team that has responsibility for private family law and a range of other civil law reform matters is developing legislation around our marriage laws that I hope will come before the Assembly in 2025. With that in mind, the issue is one that I am keen to develop as a priority later in the mandate. I believe that it is right that we examine the matter further and take on board the views of interested parties, key stakeholders, couples, children and all those involved in the process.

As the Member will be aware, the legislation that we hope to bring forward in relation to raising the marriage age and in relation to beliefs marriage is well developed, and we hope to move forward with that quite soon. I do not want to hold it up while we consult and develop proposals in relation to divorce, but, as I said, it is an issue that I am keen to see taken forward later in the mandate. As such, I have already asked my officials to begin an engagement process with those who can make a contribution to the development of policy on divorce. It is an area of interest not just for my Department on the substantive law side, but, as the former Minister of Justice said, for the Department of Justice and the Courts and Tribunals Service, which both have a very important role in the operation of the divorce system. There are others who will, I am sure, take an interest in any potential reform, and there are various agencies inside and outside of government that my Department will want to engage with. I hope that, as options are scoped and initial views are considered and assessed, we can begin to make progress towards reform. I believe that the time is right to begin that work. Blame and its attribution can create division and resentment and, in virtually every case, it does not change or impact on the reality that a marriage is effectively over. We need to consider how we can look past that and allow couples to work together to agree post-split arrangements that are best for them, their finances and, where relevant, their children. I therefore commend the motion and will ask my officials to explore how we can develop policy options relating to this important subject.

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

Assessment

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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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