The Divorce Process in Northern Ireland
People often discuss divorce/dissolution of a civil partnership and separation synonymously; however, divorce/dissolution is the legal process of formally ending a marriage/civil partnership as the relationship has irretrievably broken down.
To pursue a divorce in Northern Ireland, specific eligibility criteria must be met:
You or your spouse must be habitually resident or domiciled in Northern Ireland
You must be married at least two years;
You must be able to prove that your marriage has irretrievably broken down by one of the following facts:
i. Adultery
ii. Unreasonable behaviour of your spouse
iii. Two years separation with your spouse’s consent
iv. Two years desertion
v. Five years separation irrespective of your spouse’s consent
In Northern Ireland you are required to issue court proceedings by way of a Petition to divorce/dissolve your civil partnership. After the petition for divorce has been filed, the documentation is required to be served on your spouse and your spouse is given the opportunity to respond. If both parties agree to the divorce and all associated matters, such as property division and child custody, have been resolved, the divorce can be granted relatively swiftly.
Once the court office receives all the required documents, the case will be scheduled for a court appearance. Divorces, along with judicial separation and dissolution of civil partnerships, can only be granted after an oral hearing. This hearing will take place in person, regardless of whether the petition is based on fault or non-fault grounds.
In the event that your spouse consents to the petition, you will be required to take a religious oath or make an affirmation (a promise) to support the information provided in the petition. Should your spouse choose to contest the petition, you may need to provide evidence and undergo cross-examination by your spouse’s legal representative.
A judge will hear the case. If the Judge is satisfied with the evidence presented that the marriage or civil partnership has irretrievably broken down and the arrangements for the children are satisfactory, they will issue a decree nisi for a marriage, or a conditional order for a civil partnership. This document confirms that the court acknowledges the relationship has irretrievably broken down. However, it does not terminate your marriage.
Following the granting of the decree nisi or conditional order, you must wait at least six weeks and one day before applying to finalise the divorce or dissolution by applying for the decree absolute or to make the conditional order final. The waiting period is provided to allow for any financial or property matters to be resolved, if necessary. This written application must be made to the court where the divorce or dissolution case was originally heard. Once this application is granted, the marriage or civil partnership will have formally ended.
The Decree Absolute is the final legal document in the divorce process. It formally terminates your marriage, granting you the freedom to remarry if you choose to do so.
This advice is written by Joanna Burns, Family & Child Law Solicitor.
If you would like to contact Joanna, please click here.