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MATRIMONIAL CAUSES (NORTHERN IRELAND) ORDER 1978 - SECT 12

12.(1) Where in any case the court has granted a decree of divorce on the
basis of a finding that the petitioner was entitled to rely in support of his
petition on the fact of two years' separation coupled with the respondent's
consent to a decree being granted and has made no such finding as to any other
fact mentioned in Article 3(2), the court may, on an application made by the
respondent at any time before the decree is made absolute, rescind the decree
if it is satisfied that the petitioner misled the respondent (whether
intentionally or not) about any matter which the respondent took into account
in deciding to give his consent.

(2) The following provisions of this Article apply where

(a)the respondent to a petition for divorce in which the petitioner alleged
two years' or five years' separation coupled, in the former case, with the
respondent's consent to a decree being granted, has applied to the court for
consideration under paragraph (3) of his financial position after the divorce;
and

(b)the court has granted a decree on the petition on the basis of a finding
that the petitioner was entitled to rely in support of his petition on the
fact of two years' or five years' separation (as the case may be) and has made
no such finding as to any other fact mentioned in Article 3(2).

(3) The court hearing an application by the respondent under paragraph (2)
shall consider all the circumstances, including the age, health, conduct,
earning capacity, financial resources and financial obligations of each of the
parties, and the financial position of the respondent as, having regard to the
divorce, it is likely to be after the death of the petitioner should the
petitioner die first; and the court shall not make the decree absolute unless
the court, by order, has declared that it is satisfied

(a)that the petitioner should not be required to make any financial provision
for the respondent, or

(b)that the financial provision made by the petitioner for the respondent is
reasonable and fair or the best that can be made in the circumstances, or

(c)that there are circumstances making it desirable that the decree should be
made absolute without delay.

(4) The court shall not make an order declaring that it is satisfied as
mentioned in paragraph (3)(c) unless it has obtained a satisfactory
undertaking from the petitioner that he will bring the question of the
financial provision for the respondent before the court within a specified
time.

(5) If, following an application under paragraph (2)(a) which has not been
withdrawn, the court makes absolute a decree of divorce without having made an
order under paragraph (3) the decree shall be voidable at the instance of the
respondent or of the court; but, if such an order was made, no person shall be
entitled to challenge the validity of the decree on the ground that the
conditions prescribed by paragraphs (3) and (4) were not fulfilled.

(6) If the court refuses to make an order under paragraph (3), it shall, on an
application by the petitioner, make an order declaring that it is not
satisfied as mentioned in that paragraph.

© 1978 Crown Copyright

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