- Latest available (Revised)
- Original (As made)
There are currently no known outstanding effects for the Matrimonial Causes (Northern Ireland) Order 1978, Section 49.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
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
F1(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F2(1A) Paragraphs (2) and (3) apply only in relation to a marriage of a man and a woman (but see Article 49A as regards jurisdiction in proceedings concerning a marriage of a same-sex couple).]
[F3(2) The court shall have jurisdiction to entertain proceedings for divorce or judicial separation if (and only [F4if) on the date of the application—
(a)both parties to the marriage are habitually resident in Northern Ireland;
(b)both parties to the marriage were last habitually resident in Northern Ireland and one of them continues to reside there;
(c)the respondent is habitually resident in Northern Ireland;
(d)the applicant is habitually resident in Northern Ireland and has resided there for at least one year immediately before the application was made;
(e)the applicant is domiciled and habitually resident in Northern Ireland and has resided there for at least six months immediately before the application was made;
(f)both parties to the marriage are domiciled in Northern Ireland; or
(g)either of the parties to the marriage is domiciled in Northern Ireland.]]
[F3(3) The court shall have jurisdiction to entertain proceedings for nullity of marriage if (and only [F5if) on the date of the application—
(a)both parties to the marriage are habitually resident in Northern Ireland;
(b)both parties to the marriage were last habitually resident in Northern Ireland and one of them continues to reside there;
(c)the respondent is habitually resident in Northern Ireland;
(d)the applicant is habitually resident in Northern Ireland and has resided there for at least one year immediately before the application was made;
(e)the applicant is domiciled and habitually resident in Northern Ireland and has resided there for at least six months immediately before the application was made;
(f)both parties to the marriage are domiciled in Northern Ireland; or
(g)either of the parties to the marriage—
(i)is domiciled in Northern Ireland; or
(ii)died before the application was made 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.]]
F6(3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F8(5) The court has 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;
(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.
(5A) If the application or part of it relates to a matter in relation to which Article 18 of the 2007 Hague Convention applies, the court may not entertain that application or part of it except where permitted by Article 18.]
(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) F9... 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.
[F10(8) In this Article “the 2007 Hague Convention” means the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance concluded on 23 November 2007 at The Hague.]
F1Art. 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
F2Art. 49(1A) inserted (13.1.2020) by The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 (S.I. 2019/1514), regs. 1(2), 35(6) (with regs. 6-9)
F4Words in art. 49(2) substituted (31.12.2020) by The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/519), reg. 1(1), Sch. para. 8(4)(a) (with reg. 8) (as amended by S.I. 2020/1574, regs. 1, 5(2)); 2020 c. 1, Sch. 5 para. 1(1)
F5Words in art. 49(3) substituted (31.12.2020) by The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/519), reg. 1(1), Sch. para. 8(4)(b) (with reg. 8) (as amended by S.I. 2020/1574, regs. 1, 5(2)); 2020 c. 1, Sch. 5 para. 1(1)
F7Art. 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
F8Art. 49(5)(5A) substituted (31.12.2020) for art. 49(5) by S.I. 2019/519, Sch. para. 8(4)(d) (as substituted by The Jurisdiction, Judgments and Applicable Law (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1574), regs. 1, 5(3)(c))
F9Words in art. 49(7) omitted (31.12.2020) by virtue of S.I. 2019/519, Sch. para. 8(4)(e) (as substituted by The Jurisdiction, Judgments and Applicable Law (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1574), regs. 1, 5(3)(c))
F10Art. 49(8) substituted (31.12.2020) by S.I. 2019/519, Sch. para. 8(4)(f) (as substituted by The Jurisdiction, Judgments and Applicable Law (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1574), regs. 1, 5(3)(c))
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: