When you have made the decision to separate from a partner, client’s often call us seeking an explanation as to how to progress matters.

To petition for a divorce in Northern Ireland you must establish that the marriage has irretrievably broken down. A petitioner must prove in evidence that there is no prospect of a reconciliation between the parties, and this must be established by proving at least one of the following facts:

1. Adultery
2. Unreasonable Behaviour
3. Desertion
4. Living Apart for Two Years (and the Respondent consents to the divorce)
5. Living Apart for Five Years

If it is established that you have grounds to proceed with, we will then proceed to draft papers on behalf of our client.

The following would be lodged;

1. Petition
2. Acknowledgement of Service
3. Statement of Arrangements for children (if applicable)
4. Marriage certificate (translated if required)
5. Children’s birth certificates (if applicable)
6. Associated medical/ educational reports for children (if applicable)

Once papers are drafted, we lodge them with the appropriate Court and then proceed to serve them on the Respondent.

The Respondent will then have 14 days to return form M6 Acknowledge of Service to the Matrimonial Office. If the Acknowledgement of Service is not returned by the Respondent, we may apply for leave to have served deemed good. This is only an option however in cases where the Respondent’s consent is not essential.

Once the parties are ready to proceed a certificate of readiness (Form M8) is filed and the case is listed for hearing. If a contested divorce, following an exchange of pleadings a full hearing takes place in open court with each party calling witnesses and being subject to examination and cross-examination. In the case of an uncontested divorce, the petitioner only need attend, and the hearing will be relatively short.

If satisfied from the evidence presented that the marriage has irretrievably broken down and there are no other issues outstanding, the Court will then issue a decree nisi.

The decree absolute is granted by the Court in response to an application from the petitioner not less than six weeks after the issue of the decree nisi. This period is necessary for any party to show why the divorce should not be finalised and historically, to allow for any financial applications to be made to the Court.

Most obviously, having been granted the decree absolute, you are free to re-marry. However, under the current legislation, the dissolution of the marriage will have certain implications regarding your entitlements to inherit under your former spouse’s will and pension/s. It is equally important that parties in proceeding down this route have addressed their financial ties stemming from their marriage by way of a matrimonial agreement/ ancillary relief application.

Our specialist matrimonial law solicitors are happy to advise further for anyone presently considering/ going through a separation. Our family law team can be contacted on [email protected]