Josepha Madigan: Divorce vote didn’t undermine marriage, it respected it

ON JANUARY 17, 1997, the Republic of Ireland legally granted a divorce for the very first time following a referendum two years earlier. As it happened, that first divorce was granted to a terminally ill man who wished to marry his new partner. The law at the time required that man to have lived apart from his estranged wife for four out of the previous five years. He wouldn’t have known if he would live to see the divorce come through.

As we approach the first anniversary of the divorce referendum, passed by 82pc of voters and cutting the waiting time for divorce from four to two years, it’s hard to believe the referendum 25 years ago was not about issues like waiting periods, but about the introduction of divorce as an option to those who wished to pursue it.

Prior to 1995, divorce was outlawed, banned by the Constitution, and the price to win over a wary electorate was the mandating of a four-year waiting period in the Constitution. Yes, the people said we could have divorce, but they weren’t making it easy.

Back then, the No side (and there was a large No campaign) argued that the introduction of divorce in Ireland would lead to a culture of marital breakdown, the end of marriage as we knew it, and high divorce rates. But that simply didn’t happen.

Last year the No side (in fairness, there weren’t many on the No side) argued that cutting the waiting time in half and taking it out of the Constitution would undermine the institution of marriage and pave the way for quickie divorces. But that simply didn’t happen either.

And while the real impact of that change in the law will not become apparent until next year, when divorce figures for the whole of 2019 are published, I do not believe couples have been rushing to the family law courts in any great numbers.

In fact, in 2018, the last full year for which we have official figures, a total of 3,888 people applied for a divorce, slightly down on the 2017 figure.

Indeed, preliminary statistics for the months since the new law was enacted in December 2019 show little change. In that month, 133 divorces were granted compared to 108 in December 2018.

In January 2020, there were 75 divorces granted, down slightly from 89 in January 2019. February figures for 2019 and 2020 were practically the same, at 118 and 120 respectively.

And while there is a divergence in the March statistics, 107 divorces in 2019 versus 67 in 2020, this is due to figures only being recorded up to March 17 because of the Covid-19 emergency.

So, despite all the arguments over the years, our divorce rate remains one of the lowest in the world.

Look how far we have come as a country on the journey through the divorce debate. Outright rejection in 1986, introduction in 1995, albeit a win by a whisker, and an overwhelming majority in favour of relaxing the laws in 2019. A change beyond recognition.

Nobody enters a marriage wanting it to fail. In fact, I believe marriage remains a cornerstone of our society. Divorce is never something that is considered lightly or undergone easily. I think we as a country recognise that now.

But some marriages do fail. I know. As a former family law solicitor, I’ve seen firsthand the devastation the old laws caused for people, compounding their heartbreak at an enormously difficult time.

In May of this year, my husband and I celebrated our 18th wedding anniversary. For a myriad of personal reasons, not every marriage stays the course.

The overwhelming Yes vote in May of last year was, in my opinion, a recognition of that and a vote of solidarity with our separated friends and family members.

It showed we have become a more mature and open society, less willing to judge the life choices of others.

I believe the vote did not undermine the institution of marriage. It respected the institution of marriage and simply allowed us to treat those whose marriages do break down with the compassion and respect they deserve.

As a former family law solicitor, I’ve seen first-hand the devastation the old laws caused for people