|
|
[Home] [Databases] [World Law] [Search] [Feedback] | |
Northern Irish Legislation |
||
| You are here: BAILII >> Databases >> Northern Irish Legislation >> MATRIMONIAL CAUSES (NORTHERN IRELAND) ORDER 1978 | ||
[Index] [Table] [Search] [Notes] [Noteup] [Previous] [Next] [Download] [Help]
[25th July 1978] [{1}or the Domestic Proceedings (Northern Ireland) Order
1980|] or any corresponding enactments in force in any part of Great Britain,
the Isle of Man or any of the Channel Islands. B>(2) On a petition for divorce
in such a case as is mentioned in paragraph (1), the court may treat the
decree or order as sufficient proof of any adultery, desertion or other fact
by reference to which it was granted, but shall not grant a decree of divorce
without receiving evidence from the petitioner. B>(3) Where a petition for
divorce in such a case follows a decree of judicial separation or (without
prejudice to paragraph (4) [{1}or (5)]) an order containing a provision
exempting [{1}or having the effect of exempting] one party to the marriage
from the obligation to cohabit with the other, for the purposes of that
petition a period of desertion immediately preceding the institution of the
proceedings for the decree or order shall, if the parties have not resumed
cohabitation and the decree or order has been continuously in force since it
was granted, be deemed immediately to precede the presentation of the
petition. B>(4) For the purposes of Article 3(2)( c ) the court may treat as
included in a period during which the respondent has deserted the petitioner
either or both of the following periods B> [{2}( a ) any period during which
there is in force an injunction granted by the High Court or a county court
which excludes the respondent from the matrimonial home; C >>( b ) any period
during which there is in force an order made by a court of summary
jurisdiction under Article 18(2)(i) of the Domestic Proceedings (Northern
Ireland) Order 1980, or such an order made as an interim exclusion order by
virtue of Article 21 of that Order which gives the petitioner the exclusive
use of the matrimonial home.]
[(5) Where
(a)a petition for divorce is presented after the date on which the repeal by
the Domestic Proceedings (Northern Ireland) Order 1980 of the Summary
Jurisdiction (Separation and Maintenance) Act (Northern Ireland) 1945 comes
into operation, and
(b)an order made under that Act of 1945 containing a provision exempting the
petitioner from the obligation to cohabit with the respondent is in force on
or after that date by virtue of paragraph 1 or 2 of Schedule 2 to that Order
of 1980,
© 1978 Crown Copyright
BAILII:
Copyright Policy |
Disclaimers |
Privacy Policy |
Feedback
URL: http://www.bailii.org/nie/legis/num_act/mcio1978391/s1978.html