Divorce etc. Procedure

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 County Court. A case may be transferred to the High Court if circumstances arise, including the difficulty and importance of the issues, and the court deems it desirable. It may also be transferred to another County Court for convenience.

An application for divorce is initiated by a petition. An application is made for a conditional decree or a decree initially, followed by an application for an absolute decree.

A petition must contain certain information regarding the applicant and respondent, children, and applications for ancillary relief in relation to property, maintenance, custody, etc. Where there are children, full details of the proposed arrangements must be provided.

The petition is lodged together with supporting documentation as required in the matrimonial office.

Once the petition is lodged, the court serves a copy of the petition on the respondent, along with certain explanatory documents and a form for acknowledgment of service. The respondent is required to confirm whether they propose to contest the application or seek ancillary reliefs. A reply may be filed by the respondent.

After acknowledgment of service, the petitioner applies to the court for directions. If the respondent contests the petitioner, this must be supported by a cross-petition setting out answers to the allegations made within 21 days.

When the answer is filed in a County Court, the Master transfers the matter to the High Court unless the denial does not allege any grounds, in which case it may be treated as undefended.

A certificate of readiness must be filed before the trial. The case is then heard by way of a full oral hearing unless this is dispensed with on foot of #[10:18] of an application to a master.

In certain cases, verbal testimony may not be required when no grounds are relied upon. The parties may file affidavits, and the matter may be heard in chambers.

In an undefended case or when proof of the facts is relied upon in a contested case, the judge issues a certificate that precedes the granting of an initial decree.

An absolute decree is granted without an application from the petitioner, submitted at least six weeks after the initial decree #[10:18] or an application from the respondent made within three months. Alternatively, the respondent and certain other interested parties may challenge the making absolute of the divorce.

Before making a decree absolute, the court must be satisfied that proper arrangements have been made for the children of the family. The proceedings may be delayed until this matter has been determined.

In the case of petitions for divorce and judicial separation where children are involved, the Master must refer the matter to conciliation and mediation services. The court may also adjourn and encourage conciliation and mediation.

The court is obliged to investigate the adequacy of the arrangements for children and may require a welfare report and parties’ attendance.

The Matrimonial and Family Proceedings (Northern Ireland) Order 1989 permit a person to apply for a declaration as to the validity of an annulment, divorce, or separation granted anywhere outside Northern Ireland. The declaration seeks to recognise such orders.

A divorce or judicial separation obtained outside Northern Ireland will be recognised under the Recognition of Divorces and Legal Separation Act 1971. It is required that:

• One spouse is habitually resident in the country or was a national of the country where the divorce was granted.
• In the jurisdiction where granted, one was domiciled, and the decree was recognised under the law of the other’s domicile.
• Neither was domiciled, but the decree was recognised by the jurisdictions in which they were domiciled.

If there is an appeal against the grant or refusal of a decree of divorce, it goes to the Court of Appeal.

A decree of divorce dissolves the marriage and permits both parties to remarry. A gift made in a will to a person divorced or afterward is presumed to be rendered valid. The same applies to an appointment as a personal representative.

Generally, the parties must be married for at least two years before a judicial separation may be granted. The grounds for judicial separation are the same as those for divorce.

Where there is a reasonable possibility of reconciliation at any time, the proceedings may be adjourned to attempt reconciliation.

When children are involved, the court must refer the matter to a suitably qualified person to consider the possibility of conciliation.

The legal consequence of judicial separation is that the parties are released from their obligation to live together. The parties may subsequently apply for divorce.

Judicial separation may be accompanied by court orders related to maintenance, financial provision, and orders concerning children and related matters.

An order of judicial separation may not be granted unless the court is satisfied with the arrangements for the children.

Applications for judicial separation may be accompanied by applications for orders related to matrimonial property, finance, and inheritance. The decree of judicial separation releases rights of inheritance, but gifts left by will are not affected, unlike the position in divorce.

Parties may enter separation agreements dealing with many of the matters that a court may address and grant in a judicial separation.