You may never have heard of the term but Divorce Day has been coined to describe the first working Monday in January — when family law firms often report a noticeable increase in enquiries about divorce
Christmas is a stressful time for many people and the festive period can often put added pressure on to marriages. Many are left contemplating their nuptials as factors such as family gatherings and financial burdens come more into play.
The resulting flurry of divorce inquiries to solicitors on the first day back to the office has led to the legal profession in many locations coining the term “Divorce Day.” The first Monday in the new year over the last few years has seen an increase in people seeking divorce after a tumultuous Christmas break. It is a term that is becoming increasingly more prevalent in modern vocabulary.
January often sees several financial, emotional, and seasonal factors overlap which makes it a month where family lawyers often deal with the subject of divorce. This occurring can give the impression that couples suddenly decide to divorce overnight but the reality is very different and a lot more nuanced.
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In a new year, many people often seek clarity on their lives and start planning for the future. In a month best-known for resolutions, it is seen by many as a time to reassess their situation, and this includes unhappy marriages. A lot of people also try and make Christmas a memorable time for their families. They often do their best to get through the festivities before executing plans for more difficult decisions in the new year.
What you need to know if you are planning to get divorced in Northern Ireland?
According to NI Direct, the County Court and the High Court deal with divorces and dissolutions of civil partnerships in our region. The spouse or civil partner who makes the application is the ‘petitioner’. This party can act on their own behalf or ask a solicitor for legal advice. People representing themselves can also obtain advice from a solicitor or Advice NI which is advised. The other party in the matter is known as the ‘respondent’ and they can also seek legal advice. To formally dissolve your marriage, you will need to apply to the Court for divorce.
Grounds for divorce in NI:
A divorce petition must be grounded on one of the reasons below:
- two years’ separation with the consent of the other spouse to divorce
- five years’ separation
- unreasonable behaviour
- adultery
- desertion
A dissolution of civil partnership must be due to one of the reasons below:
- two years’ separation with the consent of the other partner to dissolve the partnership
- five years’ separation
- unreasonable behaviour
- desertion
How long does the process take?
The specific timeline depends on certain factors such as the grounds for divorce, and whether proceedings are contested by your spouse. There is also the fact that there may be financial matters to be resolved. A very straightforward and undefended divorce where there are no financial matters to resolved could generally take approximately six months, according to legal professionals.
Fees for a court hearing:
- £388.00 in the County Court
- £465.00 in the High Court
Starting a divorce or dissolution process:
If you don’t use a solicitor and there is consent to divorce or dissolution, information can be sought from the Northern Ireland Courts and Tribunals Service who will provide guidance.
A solicitor – while able to be sought if you feel the need to at any time – should definitely be contacted if the other spouse or civil partner does not consent to divorce or dissolution or if they defend the case after the petition is issued.
A number of factors will then determine what happens during the process and more information can be found on the NI Direct website.
Generally, if there are sufficient grounds, a judge will hear the case. If they are satisfied with the evidence the marriage has broken down irretrievably, they will grant a decree nisi. For a civil partnership, they will grant a conditional order.
Once a decree nisi or conditional order is granted, a period of least six weeks and one day must transpire before the petitioner can apply to make it final. They need to apply to the court where the divorce or dissolution case was heard and the fee for this is £117.00. You should apply to the court where the case was heard. The marriage or civil partnership is normally ended when the decree absolute is granted and the conditional order is made final. It is also important to note that a court can make orders about finance, maintenance and property.
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