Matrimonial Causes (Northern Ireland) Order 1978PART IINTRODUCTORY1Title and commencement2InterpretationPART IIDIVORCE, NULLITY AND OTHER MATRIMONIAL SUITSDivorce3Divorce on breakdown of marriage4Supplemental provisions as to facts raising presumption of breakdown5Bar on petitions for divorce within two years of marriage6Divorce not precluded by previous judicial separation7Refusal of decree in five year separation cases on grounds of grave hardship to respondent8Encouragement of reconciliation of parties to marriage9Consideration by the court of certain agreements or arrangements10Intervention by Crown Solicitor11Proceedings after decree nisi: general powers of court12Proceedings after decree nisi: special protection for respondent in separation casesNullity13Grounds on which a marriage is void14Grounds on which a marriage is voidable14AMarriage converted from a civil partnership: when voidable15Jurisdiction of court, and form of order, etc., in nullity proceedings16Bars to relief where marriage is voidable17Marriages governed by foreign law or celebrated abroad under certain enactments or under common law18Effect of decree of nullity in case of voidable marriageOther matrimonial suits19Judicial separation20Effects of judicial separation21Presumption of death and dissolution of marriageGeneral22Relief for respondent in proceedings for divorce, judicial separation or nullityPART IIIFINANCIAL RELIEF FOR PARTIES TO MARRIAGE AND CHILDREN OF FAMILYFinancial provision and property adjustment orders23Financial provision and property adjustment orders23APension sharing orders23BPension compensation sharing orders23CPension compensation: interpretationAncillary relief in connection with divorce proceedings, etc.24Maintenance pending suit25Financial provision orders in connection with divorce proceedings, etc.26Property adjustment orders in connection with divorce proceedings, etc.26APension sharing orders in connection with divorce proceedings, etc.26BPension sharing orders: duty to stay26CPension sharing orders: apportionment of charges26DPension compensation sharing orders in connection with divorce proceedings26EPension compensation sharing orders: duty to stay26FPension compensation sharing orders: apportionment of charges27Matters to which court is to have regard in deciding how to exercise its powers under Articles 25 , 26, 26A and 26D27AExercise of court's powers in favour of party to marriage on decree of divorce or nullity of marriage27BPensions27CPensions: lump sums27DPensions: supplementary27EThe Pension Protection Fund27FAttachment of pension compensation27GPension compensation: supplementary28Commencement of proceedings for ancillary relief, etc.Financial provision in case of neglect to maintain29Financial provision orders in case of neglect by party to marriage to maintain other party or child of the familyAdditional provisions with respect to financial provision and property adjustment orders30Duration of continuing financial provision orders in favour of party to marriage, and effect of remarriage or formation of civil partnership31Duration of continuing financial provision orders in favour of children, and age limit on making certain orders in their favour32Direction for settlement of instrument for securing payments or effecting property adjustmentVariation, discharge and enforcement of certain orders, etc.33Variation, discharge, etc., of certain orders for financial relief34Payment of certain arrears unenforceable without the leave of the court35Orders for repayment in certain cases of sums paid under certain ordersConsent orders35AConsent orders for financial provision or property adjustmentMaintenance agreements36Validity of maintenance agreements37Alteration of agreements by the court, or by a court of summary jurisdiction, during lives of parties38Alteration of agreements by the High Court, or by a county court, after death of one partyMiscellaneous and supplemental39Avoidance of transactions intended to prevent or reduce financial relief40Orders for repayment in certain cases of sums paid after cessation of order by reason of remarriage or formation of civil partnership41Settlement, etc., made in compliance with a property adjustment order may be avoided on bankruptcy of settlor42Payments, etc., under order made in favour of person suffering from mental disorder42AAppeals relating to pension sharing orders which have taken effect42BAppeals relating to pension compensation sharing orders which have taken effectPART IVPROTECTION, CUSTODY, ETC., OF CHILDREN43Reference for conciliation and report on children44Restrictions on decrees for dissolution, annulment or separation affecting childrenArts. 45‐47 rep. by 1995 NI 2 PART VMISCELLANEOUS AND SUPPLEMENTAL48The court49Jurisdiction of court49AJurisdiction of court: proceedings in relation to a marriage of a same-sex couple50Matrimonial relief in respect of polygamous marriages51Collusion, etc.52Evidence53Parties to proceedings under this OrderArt. 54 rep. by 1993 NI 6 55Extension of section 17 of married Women's Property Act 188255AExtension of time limit: mediationArt. 56 rep. with saving by 1980 NI 5 57Abolition of right to claim damages for adultery58Abolition of actions for enticement and harbouring of a spouse59Abolition of right to claim restitution of conjugal rights60Abolition of wife's agency of necessityArt. 61 rep. by 1984 NI 14 62Transitional provisions and savingsArt.63(a), with Schedules 3, 4, effects amendments; para.(b), with Schedules...SCHEDULESSCHEDULE 1STAYING OF MATRIMONIAL PROCEEDINGSInterpretation1Paragraphs 2 to 6 have effect for the interpretation of this Schedule.2“Matrimonial proceedings” means any proceedings so far as they are one or more of the...3(1) “Another jurisdiction” means any country other than Northern Ireland. (2) “Related jurisdiction” means any...4(1) References to the trial or first trial in any proceedings do not include references...5Any reference in this Schedule to proceedings in another jurisdiction is to proceedings in a...6“Prescribed” means prescribed by rules of court.Duty to furnish particulars of concurrent proceedings in another jurisdiction7While matrimonial proceedings are pending in the court in respect of a marriage and the...Obligatory stays8(1) Where before the beginning of the trial or first trial in any proceedings for...Discretionary stays9(1) Where before the beginning of the trial or first...Supplementary10(1) Where an order staying any proceedings is in force in pursuance of paragraph 8...11(1) The provisions of sub-paragraphs (2) and (3) shall apply (subject to sub-paragraph (4)) where...Schedule 2 rep. by 1993 NI 6SCHEDULE 3TRANSITIONAL PROVISIONS AND SAVINGSPART IMISCELLANEOUS AND GENERALInterpretation1(1) In this Schedule— “the Act of 1939” means the Matrimonial Causes Act (Northern Ireland)...General transitional provisions and savings2Subject to paragraph 3, any application made or proceeding begun under any statutory provision repealed...3Nothing in Part II of this Order shall apply in relation to any petition for...4Notwithstanding any repeal or amendment made by this Order, the Act of 1939 and any...5Subject to the provisions of this Order (and, in particular, to Articles 16 and 51(2))...Specific transitional provisions and savings6In Article 6 any reference to a decree of judicial separation includes a reference to...7Article 16(1) replaces, in relation to any decree to which it applies, any rule of...8In the application of Article 25(1)( d e ) or ( f ) to any...9Where the party chargeable under a maintenance agreement within the meaning of Article 36 died...10No right or liability shall attach by virtue of Article 36(1) in respect of any...11In relation to such proceedings as are mentioned in Article 45(1) which were begun between...12Article 45(2) shall not apply in relation to an order made under section 4 of...13(1) No proceedings for divorce shall be entertained by the court by virtue of Article...14(1) Article 51(1) shall not apply in relation to any petition for divorce or judicial...15In Article 54(3) any reference to rules of court as defined by section 21(4) of...16In paragraph 2 of Schedule 2 in sub-paragraph ( d ) the reference to the...17The amendment made by Schedule 4 in section 1(1) of the Matrimonial Causes (Reports) Act...PART IIPRESERVATION FOR LIMITED PURPOSES OF CERTAIN STATUTORY PROVISIONSNullity18(1) Subject to sub-paragraphs (2) to (5), a marriage celebrated after 30th September 1939 and...19Where a decree of nullity was granted before the commencement of this Order in respect...Succession on intestacy in case of judicial separation20Article 20(2) shall not apply in a case where the death occurred before the commencement...PART IIIASSIMILATION IN CERTAIN RESPECTS TO ORDERS UNDER THIS ORDER OF ORDERS MADE, ETC., UNDER THE ACT OF 1939, ETC.Cesser on remarriage of orders made, etc., under the Act of 1939 or 1951 and recovery of sums mistakenly paid thereafter21(1) An order made under section 19(1) or (2) of the Act of 1939 (including...22Article 40 shall apply in relation to an order made under section 17(2) or (3),...Variation, etc., of certain orders made, etc., under the Act of 1939, etc.23(1) Subject to the provisions of this paragraph, Article 33 shall apply, as it applies...24(1) Paragraphs (1) and (3) of Article 33 shall apply to an order made under...25Article 45(7) shall apply in relation to an order for the custody or education of...Orders made under the Acts of 1939 and 1951 to count as orders under this Order for certain purposes26The power of the court under Article 25(1) or (2)( a ) or 45(1)( a...Application of provisions of this Order with respect to enforcement of arrears and recovery of excessive payments to certain orders made, etc., under the Acts of 1939 and 195127Article 34 shall apply in relation to the enforcement, by proceedings begun after the commencement...28Article 35 shall apply to an order made or deemed to have been made under...Avoidance under this Order of transactions intended to defeat claims for relief and relief granted under the Acts of 1939 and 195129(1) Article 39 shall apply in relation to proceedings for relief under section 17(2) or...Care and supervision of children30Articles 46 and 47 shall apply where the court has jurisdiction by virtue of paragraph...PART IVSAVING FOR INTERPRETATION ACT31Except where specific provision to the contrary is made in this Order, nothing in this...Schedule 4—AmendmentsSchedule 5—RepealsStatutory Instruments1978 No. 1045 (N.I. 15)Matrimonial Causes (Northern Ireland) Order 1978[25th July 1978]