Divorce Law in Northern Ireland: A System in Need of Reform
Davidson McDonnell welcomes the ongoing public consultation on the divorce process launched by the Executive, which represents a much-needed opportunity to modernise the legal framework governing separation in Northern Ireland. This consultation could pave the way for meaningful reform, including the potential introduction of a no-fault divorce system, aligning Northern Ireland with the more progressive approaches already adopted in other parts of the UK and Ireland. Such changes would help reduce conflict, simplify the legal process, and better support individuals and families going through the challenges of separation.
Northern Ireland vs England and Wales
Divorce law in the UK is not uniform, and notable differences exist between the systems in Northern Ireland and England and Wales. While England and Wales have embraced a more modern and streamlined approach to divorce, Northern Ireland continues to operate under a framework that many describe as outdated and in urgent need of reform.
3 Key Differences in Divorce Law between Northern Ireland and England and Wales
1. Grounds for Divorce
England and Wales: Since April 2022, couples in England and Wales have been able to divorce under a ‘no-fault’ system introduced by the Divorce, Dissolution and Separation Act 2020. This law allows one or both parties to apply for a divorce without having to assign blame or provide evidence of wrongdoing. The introduction of no-fault divorce was hailed as a significant step toward reducing acrimony between separating couples.
Northern Ireland: In contrast, Northern Ireland continues to require applicants to prove fault or satisfy specific grounds for divorce under the Matrimonial Causes (Northern Ireland) Order 1978. These grounds include:
Adultery
Unreasonable behaviour
Desertion (for at least two years)
Two years’ separation with consent
Five years’ separation without consent
This fault-based system often exacerbates conflict and places a heavier emotional and legal burden on both parties, particularly in cases where no one is clearly to blame for the breakdown of the marriage. We frequently advise clients whose marriages have simply come to an end, often due to a range of personal or practical reasons, rather than the fault of either party. In many cases, the relationship has run its course, and both individuals accept that it is no longer sustainable and wish for a respectful and amicable separation. The current legislative framework does not support this avenue for resolution.
2. Joint Applications
England and Wales: The no-fault regime allows for joint divorce applications, reflecting the mutual decision of the parties to end the marriage. This promotes cooperation and reduces the adversarial nature of the process.
Northern Ireland: There is no provision for joint divorce applications. One spouse must file against the other, reinforcing the adversarial nature of the proceedings and making it harder for amicable separations to proceed without conflict.
3. Terminology and Process
England and Wales: The new process replaces old terminology like “decree nisi” and “decree absolute” with more accessible language — now known as the conditional order and final order respectively.
Northern Ireland: The legal terminology remains unchanged and outdated, continuing to use complex and archaic language that can be confusing to those not familiar with legal proceedings.
Why Reform is Needed in Northern Ireland
The continued use of a fault-based divorce system in Northern Ireland has been criticised for several reasons:
Emotional Toll: Forcing spouses to assign blame or present evidence of fault can increase hostility, making it harder to maintain a civil relationship, especially where children are involved.
Access to Justice and increased legal costs: The complexity and contentiousness of the current system may deter individuals from seeking a divorce or navigating the process without legal representation.
Inconsistency Across the UK: Residents of Northern Ireland are at a disadvantage compared to those in England and Wales, where the law is more modern, accessible, and emotionally considerate.
Conclusion
While England and Wales have taken a progressive step in modernising divorce law to reflect the realities of modern relationships, Northern Ireland remains stuck in the past, relying on a system that is increasingly seen as unfit for purpose. Reform is not just a matter of legal technicality — it’s about ensuring that separating couples are treated with fairness, dignity, and respect. The time for updating Northern Ireland’s divorce law is long overdue and the public consultation currently underway is very much embraced. The consultation is due to end on 26 September 2025, and it is hoped that some progressive changes will come about as a result.
Author: Sally Flaherty
For further advice on Family and Matrimonial law, please contact Sally Flaherty or any member of our Private Client team.
Sally Flaherty
Solicitor