Executive divided over plans to change 'outdated' divorce laws - SF accuse DUP of blocking proposals
The DUP has been accused of blocking proposals to liberalise divorce laws from being discussed at the Executive – changes it says would undermine the “serious, lifelong commitment” of marriage.
Finance Minister John O’Dowd said this week that he had not received DUP approval to bring proposed changes to fellow ministers, and that “time is running out” in this mandate.
His plans would introduce no-fault divorce, and allow couples to end a marriage without blame being assigned to either party. It would make divorces quicker, and removes the possibility of one party contesting the divorce.
The move is backed by Sinn Fein and Alliance. The Ulster Unionist Party said it “does not oppose the proposed changes on no fault divorce and recognises that the proposed changes would align Northern Ireland with the rest of the United Kingdom.”
Supporters argue it would make divorces less adversarial – and assist victims of domestic abuse, making it easier for the victim to leave the marriage and removing the ability of an abuser to delay the process.
SDLP opposition leader Matthew O’Toole told the Assembly this week that it could be “a vital tool to ensure that women who are in situations of domestic abuse can be freed from very difficult marriages without having to go through the difficult, adversarial, exhausting and often traumatic process of a fault divorce”.
The DUP says there is a balance to be struck on the issue, but it does not support the system currently operating in England and Wales since 2022 being introduced in Northern Ireland.
A DUP spokesman told the 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.
“We are concerned that the model introduced in England and Wales allows one party to end a marriage without reason and without challenge, which can come as a profound shock to the other spouse and any children involved.
“However, we do recognise that the current system can be too adversarial. That is why we have proposed a more balanced approach, including exploring shorter separation periods to reduce conflict while still maintaining the integrity of marriage and protecting those who have been wronged.
“This is about getting the balance right by supporting families, encouraging reconciliation where possible, and ensuring that where marriages do break down, the process is fair and not unnecessarily damaging”.
The Alliance Party said the current system “is archaic, out of step with other parts of the UK and Ireland and poses particular challenges for victims of domestic abuse and coercive control.
“It is inexplicable the DUP would seek to maintain a border in the Irish Sea when it comes to modernising our divorce laws, and we hope they will change course and support this progressive reform before time in the Assembly mandate runs out.”
A Sinn Féin spokesperson said current laws are outdated and can “exacerbate conflict and have a hugely negative impact, particularly on children”.
“No-fault divorce is a much more straightforward and amicable approach to separation and reform would mirror developments that have been progressed across these islands”, they said.