Divorce and Separation
MKB Law has one of the leading family law practices in Northern Ireland representing many high-net-worth individuals. To be eligible for divorce or to end a civil partnership, you must have been married, or in the civil partnership, for two years or more. If this is not the case, you can apply for a judicial separation.
The ground for divorce in Northern Ireland remains the “irretrievable breakdown of the marriage.” You must satisfy the Court that the marriage has broken down due to at least one of the following grounds:
- Adultery
- Unreasonable Behaviour
- Desertion
- 2 years separation with consent
- 5 years separation
The process of ending a civil partnership in Northern Ireland is the same except that you cannot rely on the ground of adultery.
The Decree Nisi is the first part of the divorce. Once you are granted this, you may apply for your Decree Absolute after waiting a period of 6 weeks and 1 day. The marriage is not legally ended until the Decree Absolute is made.
A divorce, however, does not end the financial obligations that arise within a marriage. To separate your finances, you must reach a financial settlement, often known as a Matrimonial Agreement, to decide how the assets of the marriage are to be split. If an amicable agreement cannot be reached, then the Court will have the final decision on how the assets are split; these proceedings are known as Ancillary Relief.
Our team has particular expertise in acting for business owners, directors and professionals affected by complex matrimonial matters and is strategically supported by the specialists within our Corporate and Commercial division. We are recognised for our matrimonial finance work involving sophisticated property, corporate and pension aspects.