Considering Divorce: What are Your Options? 

In recent years, the first working Monday of January has come to be termed “Divorce Day”, as this is the date that solicitors typically receive the most divorce enquiries each year.  

For those who are seeking to separate from their spouse and considering divorce, early legal advice is an important first step in looking at your options and what to do next, as well as learning how to protect your assets.  

Choosing divorce – what next?

If the decision to divorce has been made, you would begin the process by instructing a Family & Matrimonial solicitor to advise you and act on your behalf through the divorce proceedings. 

Divorce in Northern Ireland begins with lodging a Petition to the relevant Court citing the marriage or civil partnership has irretrievably broken down along with the reasons for the breakdown.  A divorce petition is grounded on the irretrievable breakdown of the marriage and evidenced by any of the following: 

• A separation has been in place for two years and the other spouse has consented to a divorce 

• Five years separation 

• Unreasonable behaviour 

• Adultery 

If you lodge the Petition you are known as the Petitioner with the Petition served on your spouse or civil partner (known as the Respondent) and they are required to respond to your Petition. There are two stages to the Divorce: the decree nisi hearing and the application for the decree absolute. Northern Ireland still has a solemn process in that the Petitioner will attend court to adopt their evidence for the nisi hearing. 

What about the finances? Do we have to go to court or is there another way?  

When a couple decides that they wish to separate, they may wish to resolve financial matters outside of the Court arena and enshrine the agreed terms in a matrimonial agreement. It is essentially an out of Court settlement by mutual agreement between parties and their respective solicitors. This provides certainty and peace of mind and is often a more cost-effective route to settlement than contested Court proceedings. You can find out more information on Matrimonial Agreements here. 

Mediation

Mediation is an option which can assist separating couples. Mediation involves using a third-party mediator to help you and your partner work through practical issues – such as child contact arrangements or short- and long-term financial agreements – in a calm, supported setting. 

If you have any questions about divorce, separation, matrimonial agreements or any other family & matrimonial law matter, please get in touch here. Our experienced team are on hand to guide you through every step of the process.