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 ownership of family assets is determined, in the first instance, by property rights. The same principles in property law and equity that apply to disputes between non-married persons also apply to disputes between spouses and persons whose relationships have ended. Northern Ireland Law provides for legal and beneficial ownership of property. Notwithstanding that property […]
The Domestic Proceedings (NI) Order 1980, as amended, applies to cohabiting couples. A cohabiting couple is a couple who live with each other in the same household as if husband and wife. The regard is given to the length of time living together and whether there are children. The legislation entitles the court to intervene if […]
An Occupation Order may be granted by the county court or the magistrate’s court. They may be made in a standalone application or other proceedings. The applicants may be spouses, former spouses, cohabitants, or former cohabitants. The applicants may be made where the applicant has a legal or beneficial interest in the matrimonial home. In […]
The Family Home and Domestic Violence (NI) Order 1998 makes provisions for the non-owning spouse and issues arising from domestic violence. The legislation was extended to apply to civil partners in 2004. Accordingly, the references below to spouses will also refer to civil partners in almost all cases. If a spouse is entitled to occupy […]
Where a person is entitled to occupy a dwelling-house by reason of a beneficial estate, contract, or has home rights in relation to the dwelling-house, the person may apply to court for an order containing any one or more of the following provisions. If the agreement to marry is terminated, no application may be made […]