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Matrimonial Causes (Northern Ireland) Order 1978

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Changes over time for: Section 49

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Changes and effects yet to be applied to Article 49:

  • art. 49(2) words substituted by S.I. 2019/519 Sch. para. 8(4)(a)
  • art. 49(3) words substituted by S.I. 2019/519 Sch. para. 8(4)(b)
  • art. 49(3A) omitted by S.I. 2019/519 Sch. para. 8(4)(c)
  • art. 49(5) substituted by S.I. 2011/1484 Sch. 7 para. 18(4)
  • art. 49(5) substituted by S.I. 2019/519 Sch. para. 8(4)(d)
  • art. 49(7) words omitted by S.I. 2019/519, Sch. para 8(4)(e) (as substituted) by S.I. 2019/1338 reg. 3(3)(c) (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
  • art. 49(8) omitted by S.I. 2019/519 Sch. para. 8(4)(e)
  • art. 49(8) substituted by S.I. 2019/519, Sch. para 8(4)(f) (as substituted) by S.I. 2019/1338 reg. 3(3)(c) (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)

Changes and effects yet to be applied to the whole Order associated Parts and Chapters:

Whole provisions yet to be inserted into this Order (including any effects on those provisions):

Commencement Orders yet to be applied to the Matrimonial Causes (Northern Ireland) Order 1978

Commencement Orders bringing legislation that affects this Order into force:

Jurisdiction of courtN.I.

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)F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F2(2) The court shall have jurisdiction to entertain proceedings for divorce or judicial separation if (and only if)—

(a)the court has jurisdiction under the Council Regulation; or

(b)no court of a Contracting State has jurisdiction under the Council Regulation and either of the parties to the marriage is domiciled in Northern Ireland on the date when the proceedings are begun.]

[F2(3) The court shall have jurisdiction to entertain proceedings for nullity of marriage if (and only if)—

(a)the court has jurisdiction under the Council Regulation; or

(b)no court of a Contracting State has jurisdiction under the Council Regulation and either of the parties to the marriage—

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

(ii)died before that date 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.]

[F2(3A) F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

F2(4) F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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) [F5Subject to Article 19(1) of the Council Regulation,]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.

[F2(8) In this Article and in Schedule 1—

[F6the Council Regulation” means Council Regulation (EC) No 2201/2003 of 27th November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and matters of parental responsibility;]

“Contracting State” means

(a)

[F7a party to the Council Regulation, that is to say, Belgium, Cyprus, Czech Republic, Germany, Greece, Spain, Estonia, France, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Austria, Poland, Portugal, Slovakia, Slovenia, Finland, Sweden and the United Kingdom, and]

(b)

a party which has subsequently adopted the Council Regulation.]

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