Navigating the breakdown of a marriage is undoubtedly a challenging and emotional experience. At McPartland & Sons Solicitors, serving individuals and families across Northern Ireland, we understand that one of the first questions is: What are the legal grounds for divorce in Northern Ireland?
It’s crucial to understand that the legal landscape surrounding divorce has evolved. Unlike in the past, where fault had to be proven, the sole ground for divorce in Northern Ireland is the irretrievable breakdown of the marriage. This means that the court must be satisfied that the marriage has broken down to such an extent that it is impossible for the couple to continue living together.
While “irretrievable breakdown” is the single legal ground, the court will only be satisfied that this has occurred if specific facts can be proven. Understanding these facts is essential for initiating divorce proceedings in Northern Ireland.
Facts That Can Prove Irretrievable Breakdown:
- Adultery: This fact is established if one spouse has committed adultery and the other spouse finds it intolerable to live with them. It’s important to note that the person petitioning for divorce cannot rely on their adultery as a basis for the divorce. Furthermore, if the couple continued to live together for a period exceeding six months after the petitioning spouse became aware of the adultery, it may weaken the argument that they find it intolerable to live with the other spouse.
- Unreasonable Behaviour: This is perhaps the most commonly cited fact. To prove unreasonable behaviour, the petitioning spouse must demonstrate that the other spouse has behaved poorly and that they cannot reasonably be expected to live with them. The behaviour doesn’t necessarily have to be physical violence; it can encompass a wide range of actions, including verbal abuse, neglect, lack of support, excessive drinking or gambling, or any conduct that significantly impacts the well-being of the other spouse. The court will consider the cumulative effect of the behaviour and whether a reasonable person, in the same circumstances, would find it intolerable to live with the respondent.
- Desertion: Desertion occurs when one spouse has left the other without their consent, with the intention of permanently ending the marriage, and has been continuously absent for at least two years immediately preceding the divorce petition. The deserting spouse must have ceased cohabitation and have no intention of returning. If the separation was initially by agreement, it does not constitute desertion.
- Two Years’ Separation with Consent: This fact applies when the couple has lived separately for at least two years immediately preceding the divorce petition, and both parties consent to the divorce. Written consent from the respondent is usually required to proceed on this basis. This option is often used when both spouses have mutually agreed to end the marriage but haven’t necessarily attributed blame to either party.
- Five Years’ Separation: If the couple has lived separately for at least five years immediately preceding the divorce petition, a divorce can be granted even if the other spouse does not consent. A marriage may have irretrievably broken down over a significant period of separation, regardless of the respondent’s wishes.
The Importance of Legal Advice:
While the principle of “irretrievable breakdown” may seem straightforward, navigating the intricacies of proving one of the five supporting facts can be complex. Seeking legal advice from the outset is highly recommended for several reasons:
- Understanding Your Rights and Obligations: A solicitor can explain your legal rights and obligations throughout the divorce process.
- Choosing the Appropriate Fact: We can help you determine which of the five facts is most applicable to your situation and has the strongest prospects of success.
- Gathering Evidence: We can advise you on the type of evidence required to support your chosen fact.
- Drafting Legal Documents: Ensuring all legal documents are correctly drafted and filed is crucial for a smooth process.
- Negotiating Settlements: We can assist you in negotiating fair settlements regarding financial matters, property division, and arrangements for children.
- Representing You in Court: If a settlement cannot be reached, we will provide strong representation in court to protect your interests.
Moving Forward with McPartland & Sons Solicitors:
At McPartland & Sons Solicitors in Northern Ireland, we approach divorce cases with sensitivity and professionalism. We understand the emotional toll it can take and are committed to providing you with clear, practical legal advice and unwavering support throughout the process.
If you are considering divorce or have questions about the grounds for divorce in Northern Ireland, please do not hesitate to contact our experienced family law team for a confidential consultation. We are here to help you navigate this challenging time and work towards a positive resolution for your future.
Related Blogs: