Divorce proceedings can prove both emotionally and financially draining. The first step in any case involving a marriage breakdown is to decide whether issuing divorce proceedings is the appropriate circumstance.
The last thing that any person going through a divorce wants to worry about is having to negotiate a complicated legal process to reach the result.
It will be a relief to many that the legal procedure for divorce in Northern Ireland is straightforward. McPartland & Sons Solicitors have put together information on how this process works.
A guide to proceeding with a divorce
Gathering all required documents in advance
To begin with, you will need to lodge the following in the Matrimonial Court office to issue the Divorce Petition:
- Petition
- Marriage/civil partnership certificate
- An acknowledgement of service form
- Any birth certificate(s) for children under 18
- Any Agreements you wish to be made a rule of court
- Any previous court orders about your marriage/civil partnership
- Pay the court fee
Grounds for a divorce petition
A divorce petition must be evidenced by one of the reasons below:
- two years’ separation with the consent of the other spouse to divorce
- five years’ separation
- unreasonable behaviour
- adultery
- desertion
Dissolution of a civil partnership must be due to one of the reasons below:
- two years’ separation with the consent of the other partner to dissolve the partnership
- five years’ separation
- unreasonable behaviour
- desertion
Service of the divorce petition on your spouse
After the papers have been processed, the Court will send a certified copy that can be served on the respondent. He/she will then have 14 days to return the form to the Matrimonial Office.
The court hearing
Once the Court fee is paid, the case can be set down for hearing.
The fees for a court date are:
- £327.00 in the County Court
- £392.00 in the High Court
The outcome of the hearing depends on whether the respondent consents to the Divorce. If he/she does not defend the petition and consents to the Petition going ahead, you will be asked to either take a religious oath or make an affirmation (promise) and verify the information contained within your petition.
If the court is satisfied with the evidence and with arrangements are made for the children of the marriage, it may grant a Decree Nisi. If the Respondent does not consent and decides to defend the petition, you may then be asked to give evidence and be cross-examined by the respondent’s legal representative.
Obtaining your Decree Absolute
The party who was granted the Decree Nisi can apply for a Decree Absolute after at least six weeks and one day have passed since the Divorce was heard. The application should be made to the Court where the case was heard.
The marriage or civil partnership formally ends when:
- the decree absolute is granted and forwarded to both parties.
- the conditional order is made final for a civil partnership.
The Decree Absolute must be kept safe as you will need it in the future to produce to various authorities to prove your divorce was finalised.
If you require further information and advice, please call our office in Lurgan on 02838 322452 or Lisburn on 02892 670325, to speak to one of our Divorce Solicitors.
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