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The Matrimonial and Family Proceedings (Northern Ireland) Order 1989

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Jurisdiction of the courtN.I.

19.—(1) Subject to [F1paragraph (1A)], the court shall have jurisdiction to entertain an application for an order for financial relief if any of the following jurisdictional requirements are satisfied, that is to say—

(a)either of the parties to the marriage was domiciled in Northern Ireland on the date of the application for leave under Article 17 or was so domiciled on the date on which the divorce, annulment or legal separation obtained in the overseas country took effect in that country; or

(b)either of the parties to the marriage was habitually resident in Northern Ireland throughout the period of one year ending with the date of the application for leave or was so resident throughout the period of one year ending with the date on which the divorce, annulment or legal separation obtained in the overseas country took effect in that country; or

(c)either or both of the parties to the marriage had at the date of the application for leave a beneficial interest in possession in a dwelling-house situated in Northern Ireland which was at some time during the marriage a matrimonial home of the parties to the marriage.

[F2(1A) If an application or part of an application for an order under this Part relates to a matter [F3in relation to which Article 18 of the 2007 Hague Convention applies, the court may not entertain the application or that part of it except where permitted by Article 18].]

F4(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F5(3) [F6“The 2007 Hague Convention” means the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance concluded on 23 November 2007 at The Hague].]

F1Words in art. 19(1) substituted (31.12.2020) by S.I. 2019/519, Sch. para. 18(2)(a) (as substituted by The Jurisdiction, Judgments and Applicable Law (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1574), regs. 1, 5(3)(h))

F3Words in art. 19(1A) substituted (31.12.2020) by S.I. 2019/519, Sch. para. 18(2)(b) (as substituted by The Jurisdiction, Judgments and Applicable Law (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1574), regs. 1, 5(3)(h))

F6Words in art. 19(3) substituted (31.12.2020) by S.I. 2019/519, Sch. para. 18(2)(c) (as substituted by The Jurisdiction, Judgments and Applicable Law (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1574), regs. 1, 5(3)(h))

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