Joanne Moore, Solicitor
Making the decision to end your marriage will never be an easy one, but understanding the divorce process may help you to feel a little more in control of what is happening. This guide will lay out the procedure for you and highlight some of the areas you need to consider.
In order to start the divorce process in Northern Ireland, you must have been married for a least two years and your marriage must have irretrievably broken down. This is the only ground for divorce in Northern Ireland. Once you have decided that this is the case, you must evidence this ground by proving one of the five divorce facts, as listed in Article 3(2) of the Matrimonial Causes (Northern Ireland) Order 1978.
These are:
Adultery: You must be able to show that your spouse has committed adultery since the date of the marriage. Adultery is defined as voluntary as a sexual relationship between a man and women where one of the parties is married to someone else. At first glance you may think this is self-explanatory, but this fact cannot be used in a same sex divorce. Adultery is a difficult fact to prove in a divorce, particularly if your spouse does not admit to the adultery. If this is the case, you will have to be able to evidence it happened and this can be hard to do. Cohabitation with a new partner, finding in other proceedings and circumstantial evidence are evidence of adultery. Once adultery has been proved the onus then shifts to your spouse to prove it was involuntary.
Unreasonable behaviour: This is the most common ground for divorce. You must prove that your spouse has behaved in such a way that you cannot reasonably be expected to live with him/her. It covers a large scope of behaviours which could range from domestic violence, mental abuse, excessive drinking, retention/expenditure of all family finances, unreasonable sexual demands, to not taking part in cleaning and managing the house. It is important to understand that you will have to explain your spouse’s behaviour and the impact on you and demonstrate several times when this behaviour has happened.
Desertion: Your spouse must have deserted you and you do not know where he or she is and you don’t know why they left.
Two years separation: This is the most common ground for divorce. You can divorce after a two year separation as long as your spouse agrees to the divorce. You must have lived apart from your spouse for a continuous period of at least two years immediately preceding the presentation of the divorce petition.
ive years separation: If your spouse does not agree to the divorce based on two years separation as above, you will need to have lived apart for five years. After that period, you can end the marriage without their consent. Your spouse can object to a decree being granted if he/she can show that it will result in grave financial or other hardship.
On the divorce petition, you will need to indicate any financial claims you will make against your spouse. You should get legal advice on this as if you miss any elements off at this stage, you will not be able to claim later.
If you have children and they are under 18 years of age, you will have to complete a Statement of Arrangements for Children, known as a M4. This sets out the arrangements for your children and the court will not make any decision on who your children live with, without you making a separate application to the court alongside your divorce.
You will also need to complete a Form M5 Notice of Proceedings and a M6 Acknowledgement of Service.
Once all documents are completed they must be lodged in triplicate along with the original marriage certificate and long form birth certificate for any children under 18 years. A divorce petition in Northern Ireland carries a fee of £200.00.
In Northern Ireland a divorce petition can be issued from the High Court or the County Court and once the petition is issued you will be known as the ‘Petitioner’ and your spouse is the ‘Respondent’. The court will serve the petition to your spouse and they must respond by completing the Form M6 Acknowledgement of Service. Once this has happened and your spouse does not contend the divorce, a date will be set for the petition to be heard by a judge.
If the petition is granted the court will issue Decree Nisi. You must wait for six weeks before you can apply for your Decree Absolute. Once the Decree Absolute has been issued then the divorce proceedings are finalised
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I would strongly recommend you speak to a solicitor about the process, your rights and any issues about children and your financial situation so you are adequately protected.
For more information about this article or any aspect of our family law services, please call Joanne Moore on +44 (0) 28 9077 4500 or email jmoore@sullivanslaw.uk
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