In order to apply for a divorce in Northern Ireland you must satisfy one at least of the following five grounds:
You must have been living separately for two years and your spouse must consent to the divorce.
Five years separation without the consent of your spouse.
Unreasonable behaviour
Adultery
Desertion
Divorce cases in Northern Ireland are dealt with before a County Court or the High Court. A divorce petition must be issued by the County Court or High Court Office, which is then served on the other spouse. We will draft and have served any of the above documents where you are applying for a divorce, or we can accept service of the same on your behalf if you are the respondent.
If the case proceeds on an undefended basis the petitioner must attend court. If the divorce is contested then we will prepare your case for hearing before the judge. Most divorce cases in Northern Ireland are uncontested. When the divorce petition is heard the Judge will usually grant a decree nisi, and six weeks later we will apply for a decree absolute, which finally dissolves the marriage.
The courts have discretionary powers to make orders in respect of financial matters, maintenance and property transfers, and we will advise and assist you in relation to any of these matters which may be relevant to your case.