Matrimonial Causes (Northern Ireland) Order 1978

Jurisdiction of court N.I.

49.—(1) Paragraphs (2) to (6) shall have effect with respect to—

(a) the jurisdiction of the court to entertain—

(i) proceedings for divorce, judicial separation or nullity of marriage; and

(ii) proceedings for financial provision under Article 29; and

(b) F1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F2 (2) The court shall have jurisdiction to entertain proceedings for divorce or judicial separation if (and only if)—

(a) the court has jurisdiction under the Council Regulation; or

(b) no court of a Contracting State has jurisdiction under the Council Regulation and either of the parties to the marriage is domiciled in Northern Ireland on the date when the proceedings are begun.]

[F2 (3) The court shall have jurisdiction to entertain proceedings for nullity of marriage if (and only if)—

(a) the court has jurisdiction under the Council Regulation; or

(b) no court of a Contracting State has jurisdiction under the Council Regulation and either of the parties to the marriage—

(i) is domiciled in Northern Ireland on the date when the proceedings are begun; or

(ii) died before that date and either was at death domiciled in Northern Ireland, or had been habitually resident in Northern Ireland throughout the period of one year ending with the date of death.]

[F2 (3A) F3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

F2 (4) F4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) The court shall have jurisdiction to entertain an application for financial provision under Article 29 if (and only if)—

(a) the applicant or the respondent is domiciled in Northern Ireland on the date of the application; or

(b) the applicant has been habitually resident there throughout the period of one year ending with that date; or

(c) the respondent is resident there on that date.

(6) The court shall, at any time when proceedings are pending in respect of which it has jurisdiction by virtue of paragraph (2) or (3) (or of this paragraph), also have jurisdiction to entertain other proceedings, in respect of the same marriage, for divorce, judicial separation or nullity of marriage, notwithstanding that jurisdiction would not be exercisable under paragraph (2) or (3).

(7) [F5 Subject to Article 19(1) of the Council Regulation,]Schedule 1 shall have effect as to the cases in which matrimonial proceedings in Northern Ireland are to be, or may be, stayed by the court where there are concurrent proceedings elsewhere in respect of the same marriage, and as to the other matters dealt with in that Schedule; but nothing in the Schedule prejudices any power to stay proceedings which is exercisable by the court apart from the Schedule.

[F2 (8) In this Article and in Schedule 1—

[F6 “the Council Regulation” means Council Regulation (EC) No 2201/2003 of 27th November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and matters of parental responsibility;]

“Contracting State” means

(a)

[F7 a party to the Council Regulation, that is to say, Belgium, Cyprus, Czech Republic, Germany, Greece, Spain, Estonia, France, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Austria, Poland, Portugal, Slovakia, Slovenia, Finland, Sweden and the United Kingdom, and]

(b)

a party which has subsequently adopted the Council Regulation.]

F1 Art. 49(1)(b) repealed (9.11.2009) by Presumption of Death Act (Northern Ireland) 2009 (c. 6), ss. 19, 20(2), Sch. 2, Sch. 3; S.R. 2009/356, art. 2

F2 S.I. 2001/660

F3 S.I. 2005/265

F4 Art. 49(4) repealed (9.11.2009) by Presumption of Death Act (Northern Ireland) 2009 (c. 6), ss. 19, 20(2), Sch. 2, Sch. 3; S.R. 2009/356, art. 2

F5 S.I. 2005/265

F6 S.I. 2005/265

F7 S.I. 2005/265