Divorce paperwork checklist and organiser (Northern Ireland)

The quick version

1. Keep every document in one binder, split into the sections below.
2. Write down every date and deadline the moment you get it.
3. Give each piece of evidence a reference and use it everywhere.
4. Number the pages and keep an up-to-date index at the front.

Documents to gather

Gather these before you see your solicitor or prepare your affidavits. Tick each one off and note where it is kept.

Dates and deadlines to track

• Date of marriage
• Date you began living apart
• Petition lodged at Matrimonial Office
• Petition served; M6 due in 14 days
• Divorce hearing date
• Decree nisi granted
• Earliest decree absolute (6 wks + 1 day)
• Ancillary relief: any M14 and review dates

Always use the exact dates in your court or tribunal letters and orders.

How to section your binder

What this binder is for

Case Ready is a document organisation and preparation tool that helps you present your case materials clearly. This edition is designed with reference to divorce, dissolution and separation in Northern Ireland, following nidirect and Department of Justice guidance on divorce and finances.

• Organise documents logically
• Keep materials in order
• Prepare for hearings and deadlines

What this binder is not

Case Ready:

• Does not provide legal advice
• Does not tell you what arguments to make
• Does not guarantee any outcome

If you need legal advice, speak to a family law solicitor, Advice NI or another free advice service.

How divorce works here

In Northern Ireland you must prove one of five facts, and you cannot apply for divorce in the first two years of marriage. Judicial separation is a separate option.

• Check you can apply: two years of marriage completed, one of the five facts and a residence statement in the petition.
• Lodge a typed petition at the Matrimonial Office with your marriage certificate and any children's birth certificates.
• With children under 16 (or 16 to 18 in education or training), lodge Form M4 as well.
• The court returns a certified copy. You send it with M5 and M6 by post or process server. You cannot serve it in person.
• The respondent returns M6 within 14 days. It must be the red-stamped original or a certified copy.
• Lodge a certificate of readiness. At the hearing you verify your petition on oath or by affirmation.
• Decree nisi is granted if the judge is satisfied. Apply for decree absolute at least 6 weeks and 1 day later.

A defended petition goes to the High Court. If you wait over 12 months after decree nisi, you may need an affidavit explaining the delay.

The five facts

The marriage must have broken down irretrievably. You prove that with at least one of these facts.

• Adultery by the respondent.
• The respondent's behaviour is such that you cannot reasonably be expected to live with them.
• Desertion for at least two continuous years immediately before the petition.
• Two years living apart immediately before the petition, with the respondent's consent.
• Five years living apart immediately before the petition. Consent is not needed.

Talk to a solicitor about which fact fits your situation. The court generally hears the petitioner's evidence in person.

The money side

Divorce does not settle money. Ancillary relief covers finances and is dealt with by the Master, through review hearings. A respondent can use Form M14 to ask the court to consider their finances after the divorce.

• A respondent files Form M14 before the decree is made absolute to ask the court to consider their finances.
• You give the court a grounding affidavit and a replying affidavit, with discovery questionnaires.
• Hearings run in order: First Directions, First Review, Second Review, then a hearing if you have not settled.
• Replying affidavit: at least 21 days before the First Review Hearing. Documents: at least 14 days before it.
• Second Review filings, including the statement of core issues and costs estimate: at least 21 days before it.
• Back up your figures: valuations under 6 months old, 12 months of bank statements, P60 and 6 months of payslips.
• Agreements are lodged with the court to be made a rule of court. Ask your solicitor about the current process.

Pension statements with CETV values must be filed. Legal aid for divorce usually covers the divorce only, so ask about cover for ancillary relief.

Children: arrangements and orders

Form M4, the Statement of Arrangements for Children, is needed if you have children under 16, or 16 to 18 in education or training. Plan the children's side with the same care as the money.

• M4 covers where the children live, education and special needs, care, maintenance, contact and health.
• Boxes 1 to 3 of M4 must match paragraphs 5 and 6 of your petition.
• Special educational needs need an education report. Health problems need a medical report.
• To ask for a residence, contact, specific issue or prohibited steps order, make a separate application on Form C1.
• If you cannot agree, you can use a family mediator or apply for a residence order or a contact order.
• A residence order lets the court decide where a child lives. A contact order lets it decide visiting.
• Keep a dated log of handovers, messages and missed contact. The log in this pack is made for it.

A Parenting Plan is your own record of day-to-day routines. Check it matches M4 and any court order.

Children: support and mediation

The Child Maintenance Service can set up child maintenance. You can use direct pay or Collect and Pay, and charges may apply.

• The online calculator uses the payer's gross weekly income, number of children, nights per year and other children.
• Record every payment made or received, and keep letters from the Child Maintenance Service.
• Mediation is voluntary. Pre-court mediation for separating parents is free via Family Mediation NI and Barnardo's.
• Mediation can cover children, finance and property. Court-directed mediation is separate and may be paid for.
• Relate NI offers funded counselling (up to 10 sessions) for people with a child under 18, on referral.
• Parentline NI is a free helpline. Family Support NI is a directory of local help for families.

In ancillary relief the court encourages cooperation and settlement, including mediation where it is appropriate.

Terms used in this organiser

Civil partnerships use the same terms, except decree nisi is called a conditional order and decree absolute a final order.

• Petitioner: the spouse who presents the petition. Respondent: the other spouse.
• Matrimonial Office: the court office in Belfast that handles divorce papers.
• Decree nisi: the first order. The marriage has not yet ended.
• Decree absolute: the final order. The marriage ends when it is granted.
• Ancillary relief: the court process for money, property and pensions.
• Affidavit: a written statement you swear or affirm is true. CETV: a pension's cash equivalent transfer value.
• Residence order: where a child lives. Contact order: visiting. M4: Statement of Arrangements for Children.

Who this is for

This organiser is for people in Northern Ireland dealing with divorce, dissolution of a civil partnership or separation. It is not legal advice.

• In an emergency, call 999. Domestic and Sexual Abuse Helpline: 0808 802 1414.
• Court papers go to the Matrimonial Office, Royal Courts of Justice, Chichester Street, Belfast BT1 3JF.
• Matrimonial Office: 0300 200 7812, Matrimonial@courtsni.gov.uk. Staff can explain the process, not give legal advice.
• Legal aid is available through a solicitor. The Law Society of Northern Ireland lets you search by legal aid.
• Forms and rules change. Check nidirect and the Department of Justice pages listed at the back before you file.

If you or your children are at risk, contact the police straight away.

Hearings & practicalities

On the day of your hearing:

• Bring the copies you have been asked for
• Keep this binder with you
• Use it to find documents quickly

Judges, tribunal members and staff expect parties to be organised and to follow procedure.

Before your hearing

• Key Dates sheet up to date
• Marriage certificate and children's birth certificates to hand
• Payslips, P60 and 12 months of bank statements gathered
• Valuations under 6 months old and mortgage statement filed
• Pension statements with CETV for every scheme
• Affidavit and document deadlines noted
• M4 matches the children's arrangements in the petition
• Parenting Plan and contact log up to date
• School and medical reports to hand for each child
• Child maintenance calculation or agreement filed