How does the divorce process work in Northern Ireland?
In Northern Ireland divorce commences with lodging a Petition to the relevant court along with all the required documents. In this Petition you will cite the reason why the marriage has irretrievably broken down. There are two stages to the Divorce, the decree nisi hearing and the application for the decree absolute. In Northern Ireland, the Petitioner will attend court to adopt their evidence for the nisi hearing.
Does it matter who lodges the Petition?
If you lodge the Petition you are the Petitioner with the Petition served on your spouse or civil partner. Your spouse or civil partner is referred to as the Respondent and they are required to respond to your Petition.
Is Legal Aid available for Divorce proceedings?
If you are eligible, legal aid may be available to issue divorce proceedings. However, legal aid applications take some time to process, we can discuss this directly with you.
What do I need to get a Divorce?
You need to establish you have grounds to proceed with divorce. The petitioner must have evidence to prove that the marriage has broken down and there is no possibility of reconciliation. In Northern Ireland, you must prove one of the following grounds to proceed with the divorce process:
- Adultery
- Unreasonable Behaviour
- Desertion
- Living Apart for Two Years (and the Respondent consents to the divorce)
- Living Apart for Five Years
Following discussion with you, our legal team will advise which grounds are the most appropriate based on your circumstances.
Service and acknowledgement of proceedings on your spouse
After the papers have been lodged and processed, the court will send a certified copy of the papers back to the petitioning party for them to forward to your spouse or civil partner (The Respondent). Once the petition has been served, the Respondent has seven days to complete the acknowledgement of service and return. If the respondent chooses not to, the petitioner must prove that the other party received the petition notification.
The Court Hearing
At this stage, if the court is satisfied with the evidence submitted and the respondent consents to the divorce and there are no other outstanding issues, the court may grant a Decree Nisi.
However, if the respondent does not consent and defends the petition, the court may ask you to give evidence and be cross-examined by the Respondent’s legal representative.
Decree Absolute
A decree absolute is a court issued document, which concludes the divorce process and is granted by the court in response to an application from the petitioner 3 – 4 weeks after the issue of the decree nisi, or an application by the respondent at least three months after the event.
To speak to a member of our legal team concerning divorce proceedings in Northern Ireland, please contact us on 028 7963 2030 or email info@bernadettemulholland.com.