Separation and divorce. Family law allows for judicial separation and, ultimately, divorce when a marriage has broken down. Judicial separation formalises the separation and addresses legal issues that result from permanent separation. Divorce provides for the dissolution of marriage and the right to remarry, while also dealing with property, maintenance, the matrimonial home, guardianship, and […]
The High Court and County Court have the power to hear divorce matters. The County Court hears divorce matters when the parties are domiciled in Northern Ireland or habitually resident in the jurisdiction before the petition. The High Court also has jurisdiction to hear divorce petitions. Many divorces are undefended; such cases generally come before the […]
Ancillary relief refers to orders made on the occasion of divorce, nullity, or judicial separation. The child support legislation has placed the responsibility for financial arrangements for children with the statutory agency. The Matrimonial Causes Order, NI, 1978, as amended by the Matrimonial and Family NI Order, 1984, and 1991. Both the High Court and […]
There is no time limit for an ancillary relief application. It may be heard in the divorce petition once requested. However, it may also be made many years later. When exercising its powers to grant ancillary relief, this is to have regard to various factors. It is to have regard to the whole circumstances. The […]
The Matrimonial Causes Order, NI, 1978, as amended by the Matrimonial and Family NI Order, 1984, and 1991 Both the High Court and County Court have jurisdiction to make orders concerning financial provision. The court seeks to distribute family assets fairly, considering the criteria set out in legislation. It is recognized that after divorce or […]