If you are looking for divorce solicitors in Belfast, the first useful thing to know is that Northern Ireland did not move to the no-fault system used in England and Wales. The process, the forms and the facts you have to prove are different.
How to get a divorce in Northern Ireland
A divorce petition is made on the single ground that the marriage has broken down irretrievably. The court will not treat that as proved unless one of these facts is shown:
- Adultery.
- Unreasonable behaviour.
- Desertion for a continuous period of at least two years.
- Two years' separation, with the other person's consent.
- Five years' separation, which does not need consent.
You cannot lodge a petition during the first two years of the marriage, whichever fact you rely on. The court first grants a decree nisi. It is not made absolute until at least six weeks and a day later, unless the court shortens that period. Only the decree absolute ends the marriage.
Civil partners apply for dissolution rather than divorce. The facts are similar, without adultery. Judicial separation is available sooner, including inside the first two years, if you need the court to regulate the relationship before a divorce can be issued.
The money is a separate piece of work
Ending the marriage does not, by itself, divide the house, the pensions or the savings. That is ancillary relief. Kristina is instructed on complex and high-value financial cases as well as straightforward ones. Where it is safe, we try to agree a settlement and have it made into a court order so it cannot be reopened casually later.
Children do not wait for the decree
Arrangements for children can, and often should, be dealt with while the divorce is still going through. If you cannot agree where a child lives or when they see each parent, we can apply for contact or residence orders under the Children (Northern Ireland) Order 1995.
Legal aid for divorce is not automatic. The Legal Services Agency looks at your means and at the merits, and it assesses the divorce and the financial case separately. We tell you on the first call whether an application is realistic. Read more on our legal aid page, or call 028 9443 8955.
This is general information about the law in Northern Ireland, not advice on your situation. Call us before you rely on it.