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:

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

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.

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At Bernadette Mulholland Solicitors, we provide clear, jargon-free legal advice on separation and divorce in Northern Ireland. We are compassionate and understanding and can guide you every step of the way, achieving the best resolution possible for you and your family at this highly sensitive time in your life.

Understanding the Five Grounds for Divorce in Northern Ireland

In Northern Ireland you must have been married for a minimum of two years before you can petition for a divorce. If you and your spouse have been living separately for at least two years and your spouse consents to divorce proceedings, you can proceed with a no fault divorce.

• Unreasonable behaviour

Unreasonable behaviour refers to a situation within a marriage whereby your spouse has been verbally or physically abusive to you. If can also apply in circumstances where there are drug or alcohol additions resulting in difficulties living together. Divorce can be granted on the ground of unreasonable behaviour where this can be illustrated.

• Adultery

If your spouse has committed adultery during your marriage, this can be a ground for divorce. However, you must be able to prove that adultery has been committed. If you continue to live with your spouse for more than six months after they have committed adultery, this can no longer be used as a ground for divorce.

• Desertion

Desertion is also a ground for divorce and refers to a situation whereby your spouse has left you for at least two years without your consent and without clause with no intention of returning.

• Live Apart For 2 Years

If you and your spouse or partner have lived apart for more than two years and both parties agree to divorce proceedings, then you can do so without attributing blame.

• Lived Apart For 5 Years 

You may also divorce without consent if you and your spouse or partner have lived apart for over 5 years.  

Contact Bernadette Mulholland Solicitors

If you wish to speak to a member of our legal team about family law, please call us on 028 7963 2030 or email us info@bernadettemulholland.com.

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