Separating or divorcing? Here is the 5 most common questions….

1. When can I issue a Divorce petition?

In Northern Ireland, parties need to be married for at least 2 years before they can issue a Divorce Petition.

There are some facts available to rely on in order to prove the irretrievable breakdown of your marriage:

• Adultery
• Unreasonable behaviour
• 2 years separation with the respondent’s consent
• 5 years separation
• Desertion

If none of the above are available to you yet, you can still progress discussions for resolution of the matrimonial finances. It is important that you speak to a solicitor in respect of this as soon as possible following separation.

2. How long will this take?

An uncontested Divorce will take approximately 12 months from initial instructions to extraction of the Decree Absolute. This is relating to Divorce proceedings only, as it will often take longer if there are matrimonial finances to resolve. Contested proceedings will take longer.

3. What will I need?

In respect of Divorce proceedings, you will need to provide your original marriage certificate, original long-form birth certificates of any children under the age of 18, and a report detailing the diagnosis of any child with special needs or learning difficulties.
If there are matrimonial finances which require resolution, the parties will need to provide full financial discovery, which will be exchanged with the other spouse in due course. This involves the collation of bank statements, payslips, mortgage redemption statements, P60’s etc. Depending on your financial circumstances, we can discuss the requirement for instruction of an actuary, estate agent or forensic accountant.

4. How much will this cost?

Our costs for undefended, non-fault based Divorce proceedings are £1,800 plus VAT and Court fees. Our costs for fault-based Divorce proceedings are £2,000 plus VAT and Court fees. Please note the above fees solely relate to Divorce Proceedings. Our fees for resolution of matrimonial finances are charged on a time-based manner at the instructed solicitors hourly rate.

5. Where do I start?

We appreciate this is an overwhelming and worrying period in your life and we are here to offer support and guidance alongside specialist legal advice. Book a consultation with one of our family law solicitors to discuss what to expect and how best to progress matters. Our family team can be contacted on 02890434015 or 02891811538 or by emailing [email protected]