Within Northern Ireland, you need to have been married for at least two years before you can petition for a divorce. Your marriage must have broken down irretrievably, and your petition must be made on one of the following five grounds.

1. This ground can be used when your spouse has committed adultery during the time of your marriage. You must be able to prove that your spouse has committed adultery. If you continue to live with your spouse for more than six months after they have committed adultery, then you cannot use this as a ground for divorce.
2. Unreasonable behaviour. You must be able to show that your spouse has behaved in such a way that you can no longer be reasonably expected to live with them. For example, if they have been verbally or physically abusive towards you or if they have alcohol or drug addictions which have made them difficult to live with.
3. If your spouse has left you for at least two years without your consent and without cause and it is clear your spouse has no intention of returning, you may petition for divorce on the ground of desertion.
4. Two years separation with consent. You can be granted a divorce if you and your spouse have lived separately for two years, provided that your spouse consents to the divorce. You can still live in the same property as your spouse for up to six months, but you must live completely separate lives for example, cooking separately and not spending any time together.
5. Five years separation. If you and your spouse have lived separately for five years or more, you can ask the Court for a divorce. You do not need your spouse’s consent for this ground.

There are normally two parties in a divorce.

1. The Petitioner – this is the person issuing the divorce.
2. The Respondent – this is the other party to the marriage.

There can be a third party to divorce proceedings called the Co- Respondent.

If a divorce is proceeding on the grounds of adultery you will need to name the person with whom your spouse is having an affair. They are called the Co -Respondent. They will also be served with the same divorce papers as the Respondent and they will need to sign and return these papers to the Court.

The divorce process can be broken down into the following steps:

1. Taking initial instructions.
2. Drafting a Divorce Petition and accompanying forms.
3. Divorce Papers are sent to the Court to be stamped.
4. Divorce Papers are returned from the court and then sent to the Respondent.
5. Divorce Papers are completed by the Respondent and returned to the Matrimonial office in the High Court
6. A Certificate of Readiness is then lodged with the Court so that the matter can be set down for hearing.
7. A Decree Nisi hearing takes place. The Respondent does not need to attend this hearing unless they are contesting the divorce.
8. The Petitioner attends the Decree Nisi hearing with Counsel and/or their Solicitor. They take the Oath and confirm the details of the Petition. Then the Decree Nisi is granted.

Simply put, ancillary relief is the legal term for a financial settlement that is Court lead. Either party can apply for Ancillary Relief, but this must be after the Divorce Petition has been issued. The purpose of Ancillary Relief Proceedings is to divide the matrimonial assets according to the needs and requirements of the parties. Ancillary relief will involve the exchange of discovery (see below) and normally a Financial Dispute Resolution Hearing.

The Court can make different Orders during this process including

1. Maintenance Orders, which orders one party of the marriage to make maintenance or periodical payments to the other.
2. Lump Sum Orders, which orders one spouse to make a single lump sum of money to the other
3. Pension Sharing Orders, in which the Court orders the sharing or transfer of pensions between the parties
4. A Property Adjustment Order which could order the transfer of property, or the sale of a property.

If there are children of the marriage under 18, a form called the “Statement of Arrangements for Children” will need to be completed and signed by both parties. This document outlines the level of contact each parent has and what arrangements have been made for the future.