MATRIMONIAL CAUSES (NORTHERN IRELAND) ORDER 1978

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MATRIMONIAL CAUSES (NORTHERN IRELAND) ORDER 1978 - SECT 44



44.(1) The court shall not make absolute a decree of divorce or of nullity of
marriage, or grant a decree of judicial separation, unless the court, by
order, has declared that it is satisfied

(a)that for the purposes of this Article there are no children of the family
to whom this Article applies; or

(b)that the only children who are or may be children of the family to whom
this Article applies are the children named in the order and that

(i)arrangements for the welfare of every child so named have been made and are
satisfactory or are the best that can be devised in the circumstances; or

(ii)it is impracticable for the party or parties appearing before the court to
make any such arrangements; or

(c)that there are circumstances making it desirable that the decree should be
made absolute or should be granted, as the case may be, without delay
notwithstanding that there are or may be children of the family to whom this
Article applies and that the court is unable to make a declaration in
accordance with sub-paragraph (b).

(2) The court shall not make an order declaring that it is satisfied as
mentioned in paragraph (1)(c) unless it has obtained a satisfactory
undertaking from either or both of the parties to bring the question of the
arrangements for the children named in the order before the court within a
specified time.

(3) If the court makes absolute a decree of divorce or of nullity of marriage,
or grants a decree of judicial separation, without having made an order under
paragraph (1), the decree shall be voidable at the instance of the respondent,
of any child of the family to whom this Article applies (acting if needs be by
his next friend) or of the court; but, if such an order was made, no person
shall be entitled to challenge the validity of the decree on the ground that
the conditions prescribed by paragraphs (1) and (2) were not fulfilled.

(4) If the court refuses to make an order under paragraph (1) in any
proceedings for divorce, nullity of marriage or judicial separation, it shall,
on an application by either party to the proceedings, make an order declaring
that it is not satisfied as mentioned in that paragraph.

(5) This Article applies to the following children of the family, that is to
say

(a)any minor child of the family who at the date of the order under paragraph
(1) is

(i)under the age of 16, or

(ii)receiving instruction at an educational establishment or undergoing
training for a trade, profession or vocation, whether or not he is also in
gainful employment; and

(b)any other child of the family to whom the court by an order under that
paragraph directs that this Article shall apply;

(6) In this Article "welfare", in relation to a child, includes the custody
and education of the child and financial provision for him.

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Northern Irish Legislation

MATRIMONIAL CAUSES (NORTHERN IRELAND) ORDER 1978 - SECT 44