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MATRIMONIAL CAUSES (NORTHERN IRELAND) ORDER 1978 - SECT 19

19.(1) A petition for judicial separation may be presented to the court by
either party to a marriage on the ground that any such fact as is mentioned in
Article 3(2) exists, and the provisions of Article 4 shall apply accordingly
for the purposes of a petition for judicial separation alleging any such fact,
as they apply in relation to a petition for divorce alleging that fact.

(2) On a petition for judicial separation it shall be the duty of the court to
inquire, so far as it reasonably can, into the facts alleged by the petitioner
and into any facts alleged by the respondent, but the court shall not be
concerned to consider whether the marriage has broken down irretrievably, and
if it is satisfied on the evidence of any such fact as is mentioned in Article
3(2) it shall, subject to Article 44, grant a decree of judicial separation.

(3) Articles 8 and 9 shall apply for the purpose of encouraging the
reconciliation of parties to proceedings for judicial separation and of
enabling the parties to a marriage to refer to the court for its opinion of an
agreement or arrangement relevant to actual or contemplated proceedings for
judicial separation, as they apply in relation to proceedings for divorce.

© 1978 Crown Copyright

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