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MATRIMONIAL CAUSES (NORTHERN IRELAND) ORDER 1978 - SECT 49

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)the jurisdiction of the High Court to entertain proceedings for death to be
presumed and a marriage to be dissolved in pursuance of Article 21.

(2) The court shall have jurisdiction to entertain proceedings for divorce or
judicial separation if (and only if) either of the parties to the marriage

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

(b)was habitually resident in Northern Ireland throughout the period of one
year ending with that date.

(3) The court shall have jurisdiction to entertain proceedings for nullity of
marriage if (and only if) either of the parties to the marriage

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

(b)was habitually resident in Northern Ireland throughout the period of one
year ending with that date; or

(c)died before that date and either

(i)was at death domiciled in Northern Ireland, or

(ii)had been habitually resident in Northern Ireland throughout the period of
one year ending with the date of death.

(4) The High Court shall have jurisdiction to entertain proceedings for death
to be presumed and a marriage to be dissolved if (and only if) the petitioner

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

(b)was habitually resident in Northern Ireland throughout the period of one
year ending with that date.

(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) 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.

© 1978 Crown Copyright

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