Finance Minister has launched a consultation on
the law on divorce and the dissolution of marriage and civil
partnerships.
The current legislation on divorce here was passed in 1978 and is
hybrid, allowing for divorce on grounds of fault (unreasonable
behaviour, adultery and desertion) or no-fault (evidenced by
separation). The dissolution of a civil partnership similarly
comprises fault and no-fault grounds although adultery is not a
ground for the dissolution of a civil partnership.
Finance Minister said: “Many marriages
and civil partnerships are loving, happy and last a lifetime but
unfortunately some don't and break down for a number of reasons.
This can have a devastating effect on those families especially
where children are involved and can lead to
additional and unnecessary conflict.
“We now want to consult on options that could reduce the
conflict that can arise from divorce or dissolution leading to
better outcomes for everyone affected.
“I would encourage all those with an interest in changing
the current law or retaining the current arrangements to have
their say and contribute to this important
consultation.”
The three, broad options included in the consultation are:
- No-fault divorce evidenced by separation as in the South of
Ireland
- Administrative, no-fault divorce similar to England and Wales
where one party can apply for a divorce which cannot be
challenged, and
- No change to the current, substantive law.
The consultation will run from 23 June to 26 September 2025.
Further information and to participate in the consultation online
visit Consultation on Divorce and the
Dissolution of Civil Partnerships. You can also
contribute by emailing divorce.review@finance-ni.gov.uk
Notes to editors:
1. All divorce applications here regardless of grounds are heard
by a court.
2. Recent figures show the majority of all divorces here are
no-fault/separation divorces - close to three quarters in 2023 -
with fault divorces accounting for fewer than a fifth. Annual
statistics on divorces - https://www.nisra.gov.uk/statistics/births-deaths-and-marriages/divorces
