Northern Ireland
Sources of Law
In Northern Ireland the law relating to divorce is set out in the Matrimonial Causes (Northern Ireland) Order 1978. Otherwise the law is broadly similar to England and Wales. Family Law is one of the matters which was transferred by the UK Parliament to the Northern Ireland Assembly. No substantial legislative changes have yet been made by the Northern Ireland Assembly.
Jurisdiction
Brussels II applies- EU Member States.
Domicile and Matrimonial Proceedings Act 1973- Related Jurisdictions.
Domicile and Habitual Residence
As per England and Wales. A person’s domicile will be Northern Ireland.
Conflict of Law/Applicable Law to be Applied
Lex Fori
Pre-Nuptial Agreements
As per England and Wales.
Divorce
As per England and Wales, however, a divorce is not available if the parties have not been married for 2 years.
The Matrimonial Proceedings and Family Law Bill 2002, which would have simplified Northern Irish divorce law, has not been enacted by the Northern Irish Assembly.
Finances/Capital/Property
Technically the only precedents in Northern Irish courts are those from within the Northern Irish Court system (decisions of the High Court, Court of Appeal and decisions referred from Northern Ireland). In practice however, English precedents are followed. Family Law in Northern Ireland is substantially the same as in England and Wales save that the Court does not have the power to capitalise spousal maintenance. (There is no legislative enactment equivalent to the relevant section of the Family Law Act 1996).
Finances/Maintenance
As per England and Wales
Child Maintenance
As per England and Wales, governed by the Child Support (Northern Ireland) Order 1991.
Cohabitants
There is no legislation in this field. Ownership of real and personal property is governed by the rules of property law.
Civil Partnership/Gay Marriage
As per England and Wales.
With thanks to Simon Crawford of Peden & Reid, 22 Callender Street, Belfast, BT1 5BU simoncrawford@pedenreid.com www.pedenreid.com
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