Grounds for divorce
In preparing your divorce proceedings you must identify the 'ground or grounds' you want the petition to proceed on. You can give one or more grounds in your petition.
| Ground | The wording you need to use by law |
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Adultery
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a) Since the date of the marriage, the Respondent has committed adultery with (name the person) (hereinafter called the Co-Respondent),or
b) Since the date of the marriage, the Respondent has committed adultery with a man/woman whose name is unknown to the Petitioner.
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Unreasonable behaviour
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The Respondent has behaved in such a way that the Petitioner cannot reasonably be expected to live with the Respondent.
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Desertion
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The Respondent has deserted the Petitioner for a continuous period of at least two years immediately preceding the presentation of the Petition
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Two years
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The parties to the marriage have lived apart for a continuous period with consent of at least two years immediately preceding the presentation of the Petition and the Respondent consents to a decree being granted.
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Five years
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The parties to the marriage have lived apart for a continuous period of at least five years immediately preceding the presentation of the Petition
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You will have to provide information known as particulars which support the grounds you give in your petition.
Grounds of jurisdiction
In preparing your divorce proceedings you must identify the 'grounds of jurisdiction' which allows a court in Northern Ireland to hear your petition. You can give one or more grounds in your petition. You should identify which of the following statements cover the past and present residence circumstances of you and your husband or wife.
Grounds
The wording required by the legislation:
- The petitioner and respondent are both habitually resident in Northern Ireland.
- The petitioner and respondent were last habitually resident in Northern Ireland and the * [petitioner] [respondent] still resides there. (*Delete as appropriate)
- The respondent is habitually resident in Northern Ireland.
- The petitioner is habitually resident in Northern Ireland and has resided there for at least one year immediately prior to the presentation of the petition. (You need to give the address(es) where you lived during that time and the length of time you lived at each address.)
- The petitioner is domiciled and habitually resident in Northern Ireland and has resided there for at least six months immediately prior to the presentation of the petition. (You need to give the address(es) where you lived during that time and the length of time lived at each address.)
- The petitioner and the respondent are both domiciled in Northern Ireland.
You are not divorced until the decree absolute certificate is issued, following application for dissolution of the marriage and payment of the statutory fee to the appropriate court office.
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