Understanding the Grounds for Divorce in Northern Ireland
In Northern Ireland, as in many jurisdictions, divorce and relationship recognition are governed by specific legal frameworks. Recent legislative changes have brought about significant advancements, particularly in the recognition of same-sex marriage. Understanding the grounds for divorce and the legal rights of different types of relationships is essential for individuals navigating the complexities of family law in Northern Ireland.
Grounds for Divorce and Dissolution of a Civil Partnership in Northern Ireland
Similar to other parts of the United Kingdom, divorce and dissolution law in Northern Ireland operates on a 'no-fault' basis, meaning that parties do not need to prove fault or wrongdoing to obtain a divorce however this will require a passage of time post-separation of at least two years. If parties are unwilling to await a passage of time, the central ground for divorce would be the other party’s unreasonable behaviour.
To divorce or dissolve a civil partnership, the petitioning party will need to confirm that the marriage has irretrievably broken down with no prospect of reconciliation, which can be established through one or more of the following five facts:
Living Apart: Couples can demonstrate irretrievable breakdown by living apart for a continuous period of at least two years, with consent, or five years without consent.
Adultery: Adultery, defined as voluntary sexual intercourse between a married person and a person of the opposite sex who is not their spouse, is a ground for divorce. However, proving adultery can be challenging and may not be necessary if other facts are available.
Unreasonable Behaviour: Unreasonable behaviour by one spouse, such as physical or emotional abuse, addiction issues, or financial irresponsibility, can constitute grounds for divorce if it makes it intolerable for the other spouse to continue living with them.
Desertion: Desertion, where one spouse has deserted the other for a continuous period of at least two years prior to the commencement of divorce proceedings, can also be grounds for divorce.
Two-Year Separation with Consent: Couples can obtain a divorce if they have lived apart for a continuous period of at least two years and both parties consent to the divorce.
Same-Sex Marriage in Northern Ireland
Same-sex marriage became legal in Northern Ireland on January 13, 2020, following the passage of the Northern Ireland (Executive Formation etc) Act 2019. Same-sex couples now enjoy the same rights, responsibilities, and recognition as different-sex couples under the law. This includes the right to marry, divorce, and access to the same legal protections and benefits afforded to married couples.
Rights of Cohabitants
In Northern Ireland, common law marriage holds no legal weight, leaving cohabiting partners with limited legal safeguards compared to married or couples in a civil partnership. Upon separation, the general principle is that each party retains ownership of their respective assets and liabilities. However, there may be avenues to establish a fair share in a property if one partner can demonstrate significant contributions, such as mortgage payments or home improvements, even if the property is solely in the other partner's name.
An unmarried couple or a couple not in a civil partnership can mitigate uncertainties by entering into a cohabitation agreement, particularly regarding property matters in the event of separation. Such agreements can become legally binding under specific conditions, offering both parties clarity and protection. Seeking legal advice and drafting a cohabitation agreement is advisable for individuals in these relationships to safeguard their interests.
The cohabitation laws in Northern Ireland are primarily governed by the Family Homes and Domestic Violence (Northern Ireland) Order 1998 and the Family Law (Northern Ireland) Order 2003. Cohabitants may have legal rights concerning property, financial provision, and children, depending on the circumstances of their relationship and any agreements in place.
Navigating divorce and relationship recognition in Northern Ireland involves understanding the legal grounds, rights, and responsibilities applicable to different types of relationships. Whether seeking a divorce, or asserting rights as a cohabiting couple, individuals should seek legal advice from qualified professionals to ensure their rights and interests are protected throughout the process. Northern Ireland's evolving legal landscape reflects its commitment to equality, fairness, and the protection of individuals within relationships, regardless of their gender or marital status.
This advice is written by Joanna Burns, Family & Child Law Solicitor.
If you would like to contact Joanna, please click here.