A couple may not apply for divorce within the first two years of marriage in Northern Ireland - unlike England and Wales where it is one year and in Scotland where there is no time limit.
Divorce cases are dealt in the County Court or the High Court. A divorce petition is served on the other spouse and lodged with the court office with the long form marriage certificate.
If there are any children under the age of 18, a statement of arrangements for children must also be sent to court office with birth certicates of each child.
There must be a grounds to justify the breakdown from one of these facts:
When the case is ready, it will be heard before a judge. If they are satisfied that the marriage has broken down irretrievably a Decree Nisi will be granted. After a minimum of six weeks an application can be made to make the Decree Absolute. The parties are not actually divorced until the Decree Absolute has been issued.
The courts have powers to make orders on finance, maintenance and property adjustments.
If you are not using a solicitor, you can contact the Court Service in person or by phone and say that you want to bring a petition for divorce or separation as a personal petitioner.
If your husband or wife does not consent, the case may not be suitable for a personal application and you should speak to a solicitor.
Once you lodge your petition and pay the fee you have started the divorce process. From now on you are known as the petitioner. Your husband or wife who you are divorcing is known as the respondent.
You will need to supply copies of your marriage certificate, details of any children involved and also the name and address of any person with whom your husband or wife has committed adultery if you wish to name them - they are known as the co-respondent.
The court will then send you papers so you can post a copy of the petition to your husband or wife and any co-respondents . This is known as serving the petition. Once the petition has been served, what happens next depends upon whether or not your husband or wife contests the divorce or agrees to it.
You may be asked to provide more information. The court must and agree with arrangements made for the children. This includes who they are going to live with, where they are going to live and what contact they will have with the other parent.
The next part of the divorce process is known as the Decree Nisi. This is the first stage of the actual divorce. It is granted only when a judge has reviewed the papers and is satisfied that there are proper grounds. The judge will also check that all financial issues and arrangements for the children have been agreed or are in the process of being resolved.
The final stage is called the Decree Absolute. After at least six weeks and one day after a Decree Nisi, you can apply to make the Decree Absolute. If you don't apply for the Decree Absolute, then your spouse can apply for it, but only after a further three months have passed.
When you receive the Decree Absolute, you are no longer married and are free to re-marry. The court will only grant the Decree Absolute when the judge agrees that all arrangements for the children are now satisfactory.
The contact information for the Matrimonial Office at the Royal Courts of Justice is:
The Matrimonial OfficePhone: 028 9072 4781
Fax: 028 9032 2782
If your petition for divorce was dealt with in the County Court you should contact the court office.
Parents
