No Fault Divorce

Northern Ireland Lags Behind in Offering No Fault Divorce Options

Married couples and families in Northern Ireland now have much fewer options than counterparts in England & Wales to move forward following relationship breakdown.

As of Wednesday 6 April, married couples in England and Wales no longer need to make allegations about their spouse’s conduct to achieve a timely divorce. The Divorce, Dissolution, and Separation Act 2020 allows for this new ‘no-fault divorce’ option.

In contrast, Northern Ireland still requires married couples to be married for one year before seeking a divorce. They must also prove an ‘irretrievable breakdown’ of the marriage.

What can ‘irretrievable breakdown’ include?

adultery
unreasonable behavior
two years’ desertion
two years’ separation (with partner’s consent)
five years’ separation

Adultery or unreasonable behavior allows for an immediate divorce in Northern Ireland since these are ‘fault-based.’ However, couples must wait at least two years after separation to access a ‘no fault divorce.’ Is this fair?

Calls for Reform

Duane Farrell, CEO at Relate NI says;

“When couples are experiencing relationship breakdown, if both parties agree there is no prospect of reconciliation, should they be forced to blame the other just to achieve a speedier divorce?”

He highlights that England and Wales are progressing by eliminating this requirement, whereas Northern Ireland holds onto an outdated divorce system. This approach fuels unnecessary animosity and blame, making it harder for parents to maintain positive co-parenting relationships.

“Research consistently shows that frequent, intense, and poorly resolved conflict damages children’s life chances, whether parents are together or apart. That’s why we are pushing for the introduction of ‘No Fault Divorce’ legislation and increased investment in relationship support services within our Assembly Election Manifesto of Key Policy Asks.”

In addition to legislative reform, Farrell emphasizes the need for society to promote healthy relationships, reduce parental conflict, and expand access to relationship support for parents and families, which is a key component of our Manifesto.

Download our full “Relationships Matter Manifesto” using the button below.

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