Debate contribution: No-fault Divorce

Debate contribution by Mrs Sinéad Ennis on 20 May 2024.

MLA

Mrs Sinéad Ennis

Party at the time

Sinn Féin

Date

20 May 2024

Type

Debate contribution

Business

Private Members' Business

Heading

No-fault Divorce

Assembly identifier

Official Report component 4491352

Read the official Assembly record

Text

Go raibh maith agat, a Phríomh-Leas-Cheann Comhairle.

I struggle to think of any circumstance where a person would be better off or happier being forced to stay in a marriage where, to quote Mr Allister, they were married to a "philanderer" who was mistreating them, but perhaps that is just me. I thank the majority of Members for their thoughtful and pragmatic approach to the debate and for the recognition that, like so much of our legislation, the legislation around divorce is outdated and does not reflect the modern, evolving society that we live in. In winding up on the motion, like other Members, I will draw Members' attention to the impact that separation and divorce has on children. It is a major concern. Separation issues are the single most common issue for advice from the regional parenting support line. At present, children and young people in the North caught in the middle of poorly managed, high-conflict family court battles are at risk of long-term trauma. The lengthy waits and acrimony involved in courtroom disputes often increase feelings of stress and anxiety for children and young people. The breakdown of a marriage can be agonising for all involved, especially children. Therefore, it is important that we put the best interests and welfare of our children and young people first. When parents decide to live apart, children often feel as if their world has been turned upside down. They can experience a wide range of emotions, including loss, anger and confusion. While many children and young people can bounce back from a divorce, others may experience long-term emotional and behavioural impacts. Those can affect educational attainment and life opportunities and can even cause self-harm. Children's feelings are often made worse by the fact that many of them have to move home and sometimes school when their parents separate. Many families in that situation come under financial strain, even if they did not have money worries before. Even if a parental relationship has been very tense, children and young people may still have mixed feelings about the separation. Many hold on to a wish that their parents may get back together. Whatever has gone wrong in a relationship, parents still have an important part to play in their children's lives. The current fault-based divorce process can exacerbate conflict and have a hugely negative impact. Research demonstrates that frequent, intense and poorly resolved conflict impacts negatively on the young people who are caught up in such situations. Children and young people should learn that conflict can be managed and that many relationships, of all types, do not last forever. As a society, we should display kindness and understanding as well as assist families to manage breakdown. Society in the North has changed and evolved. It has many new cultures and family situations. Policy is not keeping up with the needs of the population, however. Despite the large number of children and young people who are affected, and the considerable impact on families and the state, there is a clear lack of policy to help support parents in order for them to be able to put their children's needs first. That is why the introduction of no-fault divorce legislation is essential. The Gillen review of civil and family justice recommended that parents and other married couples should be supported to separate or divorce amicably rather than be required to apportion blame for the purposes of legal proceedings. Anything that can be done to reduce the acrimony that couples endure and end the anguish that children and young people suffer is crucial. The motion is a step in the right direction to ensure better outcomes for all those who find themselves caught up in such a situation. I am encouraged to hear that my colleague the Minister of Finance is considering amending the Matrimonial Causes Order to allow applications for divorce without apportioning blame to either party, thus easing the stress on couples and children. We owe it to our children and young people to approach conflict as a result of family breakdown differently in order to reduce the levels of anxiety for all who are involved and the mental health impacts, which can lead to self-harm and increased referrals to child and adolescent mental health services. I encourage everybody to support the motion.

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

Assessment

Not qualifying

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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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