Divorce - What are my options?
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It is an often quoted statistic that 50% of marriages end in divorce and whilst the current divorce rate in the UK is now declining at 42%, it is important to know and understand your options should you choose to separate.
In order to begin divorce proceedings, you must issue a divorce petition which sets out the ground on which you are entitled to a divorce. There are currently five available grounds in Northern Ireland:
1) Unreasonable behaviour
2) Adultery
3) Desertion
4) Two years separation with the consent of the other party
5) Five years separation (no consent is required)
You will need to provide your solicitor with the original or certified copies of your marriage certificate, birth certificates for any children of the marriage under 18 and any court orders relating to the marriage e.g. a maintenance or contact order.
Once the petition has been drafted and issued, it is then served on the other party who must file an acknowledgement of service setting out their position. If the petition is based on grounds 1,2 and or 3 (known as fault based grounds) they may choose to defend the case resulting in a contested court hearing. If the two year separation ground is used, they must indicate whether or not they consent and on the five year separation ground they simply have to confirm they have received the petition.
After the acknowledgement of service has been filed in court, the case can be set down for hearing before a judge. If the case is being contested, both parties will be required to attend to give evidence whereas if it is undefended or based on two or five years separation, only the person who issued the petition needs to attend.
Provided the judge is satisfied that the marriage has broken down irretrievably a court order called a Decree Nisi will be granted and after a minimum of six weeks and one day an application can be made to make the Decree Nisi Absolute at which stage the marriage is dissolved.
If you would like more information on the divorce process, please contact us today on 028 87724333 or email info@fgpatton.co.uk
