[F1Jurisdiction of court: proceedings in relation to a marriage of a same-sex coupleN.I.
49A.—(1) Paragraphs (2) to (4) have effect with respect to the jurisdiction of the court to entertain any of the following proceedings in relation to a marriage of a same-sex couple—
(a)proceedings for divorce,
(b)proceedings for judicial separation, and
(c)proceedings for nullity of marriage.
(2) The court has jurisdiction to entertain proceedings for divorce or judicial separation if (and only if)—
(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 proceedings are begun,
(e)either of the parties to the marriage is domiciled in Northern Ireland, or
(f)the following conditions are met—
(i)the parties married each other under the law of Northern Ireland, and
(ii)it appears to the court to be in the interests of justice to assume jurisdiction in the case.
(3) The court has jurisdiction to entertain proceedings for nullity of marriage if (and only if)—
(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 proceedings are begun,
(e)either of the parties to the marriage—
(i)is domiciled in Northern Ireland, or
(ii)died before the proceedings are begun 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, or
(f)the following conditions are met—
(i)the parties married each other under the law of Northern Ireland, and
(ii)it appears to the court to be in the interests of justice to assume jurisdiction in the case.
(4) At any time when proceedings are pending in respect of which the court has jurisdiction by virtue of paragraph (2) or (3) (or of this paragraph), the court also has jurisdiction to entertain other proceedings, in respect of the same marriage, for divorce, judicial separation or nullity of marriage, even though that jurisdiction would not be exercisable under paragraph (2) or (3).]