The Matrimonial and Family Proceedings (Northern Ireland) Order 1989

Explanatory Note

(This note is not part of the Order)

Part II of this Order replaces the present restriction on the presentation of a petition for divorce within three years of marriage without the leave of the court with an absolute bar on the presentation of a petition within two years of marriage and provides for the extension of the three year period within which certain petitions for a decree of nullity must be presented in cases where the petitioner suffers from mental disorder.

Part III amends the Matrimonial Causes (Northern Ireland) Order 1978 and the Domestic Proceedings (Northern Ireland) Order 1980 in relation to the powers of courts to make provision for financial relief in matrimonial and certain other family proceedings. In particular Part III revises the matters to which courts must have regard in making such provision.

Part IV confers new powers on the High Court to grant financial relief to a party to a marriage following a divorce, annulment or legal separation granted in an overseas country which is recognised as valid in Northern Ireland.

Part V makes fresh provision as to the powers of courts to make declarations relating to the status of a person and abolishes the right to petition for jactitation of marriage.

Part VI re-enacts Schedule 2 to the Rent (Northern Ireland) Order 1978 (transfer of tenancies on divorce, etc.) with amendments, including a new right of appeal to the Court of Appeal.