A Bill to allow quicker and easier divorce is not expected before Assembly elections take place in 2027, Stormont has heard.
Addressing Northern Ireland’s Finance Committee, a Government official said that in the absence of Executive approval for the plans, “it is looking particularly unlikely that divorce reform will happen during this mandate”.
Last year, a consultation on the proposals revealed little appetite for change, with six out of ten respondents opposed to no-fault divorce.
Out of time
In an oral briefing to committee members on 22 April, senior civil servant Michael Foster explained that a Bill typically takes “a minimum of three months to draft”.
He continued: “The Speaker has given an indication that any legislation to stand a realistic chance of proceeding during this particular mandate will need to be introduced before the summer.
“So I think, stepping back from that, we are now past the point where a Bill would need to have been underway in terms of its drafting for it to stand a chance of being introduced during this mandate.”
Two days prior to the briefing, Finance Minister John O’Dowd told the Assembly that “time is running out for the Executive to deliver legislation”, as the DUP had refused to endorse his policy paper on no-fault divorce.
‘Lifelong commitment’
A DUP spokesman told the Belfast News Letter: “We oppose the introduction of a full no-fault divorce system in Northern Ireland.
“Marriage is a serious, lifelong commitment, and the law should reflect that by requiring either evidence of fault or a meaningful period of separation before it is dissolved.
“Removing those safeguards risks turning marriage into something that can be ended unilaterally, without reflection and without accountability.”
Opposition
At the time of the consultation, The Christian Institute’s James Kennedy warned: “The reality is that divorce cannot be separated from pain, anger and emotional upheaval, and liberalising the law is likely to make things worse.
“The Department says most divorces in Northern Ireland already proceed on ‘no-fault’ grounds. But retaining ‘fault’ grounds is crucial for those who need legal recognition of serious wrongdoing, such as abuse or adultery. Removing this option will deny many the justice they deserve.
“Accelerating divorce would also be a serious mistake. It risks intensifying tensions and rushes couples into binding decisions while emotions are at their most raw.”
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