To divorce in Northern Ireland you must have been married for at least two years and show the marriage has broken down irretrievably, using one of five facts such as two years' separation with consent or unreasonable behaviour. Court fees come to about £856 through the County Court. No-fault divorce hasn't been introduced.
Why is divorce in Northern Ireland different?
Northern Ireland has its own divorce law and courts. The no-fault divorce that began in England and Wales on 6 April 2022 doesn't apply here, and nor do the forms, fees or online service you'll read about on GOV.UK.
You can't apply for a divorce during the first two years of your marriage (nidirect). After that, you need to show that the marriage has broken down irretrievably, using one of five facts. Northern Ireland also still uses the older words that England and Wales replaced in 2022: the petition, the petitioner, the decree nisi and the decree absolute. Our divorce glossary explains each one.
What are the five facts for divorce in Northern Ireland?
The five facts are set out in article 3 of the Matrimonial Causes (Northern Ireland) Order 1978 (legislation.gov.uk):
- Adultery
- Unreasonable behaviour, meaning you can't reasonably be expected to keep living with them
- Desertion for a continuous period of at least two years
- Two years' separation, and your spouse agrees to the divorce
- Five years' separation, whether or not your spouse agrees
If you haven't been apart long enough, the only options are adultery or behaviour. That can make the start of a divorce feel more hostile than you'd like. A solicitor can help you word a behaviour petition in a way that's honest without being inflammatory. For a civil partnership the facts are the same, except adultery.
How does the divorce process work in Northern Ireland?
A divorce starts with a petition, lodged with the Matrimonial Office with the court fee and supporting documents. The County Court and the High Court both deal with divorces, and there are separate petition forms for each. If your spouse defends the divorce, the case is heard in the High Court (Department of Justice).
- Petition. You lodge the petition and send a copy to your spouse.
- Hearing. The court lists a hearing. If your spouse consents, you confirm the petition on oath or affirmation. If they defend it, you may have to give evidence and be cross-examined, so get legal advice.
- Decree nisi. If the judge is satisfied the marriage has broken down irretrievably, they grant a decree nisi. It doesn't end the marriage.
- Decree absolute. At least six weeks and one day after the decree nisi, you can apply for the decree absolute, which legally ends the marriage. If you don't, your spouse can apply three months after that point, with the court's permission (nidirect).
The Matrimonial Office is at the Royal Courts of Justice, Chichester Street, Belfast BT1 3JF. Its phone number is 030 0200 7812 and its email is [email protected].
How much does a divorce cost in Northern Ireland?
Court fees for an undefended divorce come to £856 through the County Court, or £937 through the High Court. Solicitors' fees are on top.
| Court fee | Cost |
|---|---|
| Lodging a divorce petition | £326 |
| Setting the case down for a hearing, County Court | £407 |
| Setting the case down for a hearing, High Court | £488 |
| Decree absolute | £123 |
| Amended petition, if the court directs one | £189 |
| Search for a decree absolute | £47 |
Fees correct at 20 October 2026 (Department of Justice, nidirect). If you're on a low income or certain benefits, you may not have to pay some or all of the fees: ask the court about exemption and remission (form ER1). Legal aid is means-tested, and the Legal Services Agency can tell you whether you might qualify.
Is no-fault divorce coming to Northern Ireland?
Not yet. The Department of Finance, which is responsible for family law in Northern Ireland, consulted on reforming divorce law from June to September 2025 and received 405 responses. It published a report on those responses on 22 January 2026 (Department of Finance). When we checked in October 2026, no change to the law had been made, so the five facts still apply.
How are money and property split?
The divorce itself only ends the marriage. Dividing money, property and pensions is a separate question, which Northern Ireland still calls ancillary relief. You can agree it between you, through mediation or with solicitors, or ask the court to decide. Make sure any agreement is made legally binding through the court, or either of you could still make a claim later.
What happens with children?
If you agree arrangements for your children, you don't need a court order. If you can't agree, mediation can help, and the court's first concern will always be your child's welfare. Our guide to co-parenting after divorce has practical ideas that work wherever you live.
Northern Ireland has its own Child Maintenance Service, separate from the one in Great Britain. If you pay each other directly, there are no fees.
Where can I get help with a divorce in Northern Ireland?
- Law Society of Northern Ireland: find a family law solicitor. Solicitors in England can't usually advise on Northern Ireland law.
- Relate NI: counselling, co-parenting support and family mediation.
- Family Mediation NI: mediation on children and money.
- nidirect: the official guide, with forms and fees.
- Advice NI: free advice on benefits and money.
- Our directory, filtered for Northern Ireland.
If you're not safe, call 999. The Domestic and Sexual Abuse Helpline is free and open 24 hours on 0808 802 1414. Lifeline offers free crisis support any time on 0808 808 8000, and Samaritans are there on 116 123.
Want someone to talk it through with?
Tell us what's going on and we'll point you to people who can help in Northern Ireland. The introduction is free, and they'll tell you their fees before you agree to anything.
Get matchedCommon questions
Is there no-fault divorce in Northern Ireland?
Not yet. The Department of Finance consulted on reform in 2025 and published a report on the responses in January 2026, but when we checked in October 2026 the law hadn't changed. You still need to show one of five facts, two of which are periods of separation.
How long do you have to be married to divorce in Northern Ireland?
Two years. You can't apply for a divorce during the first two years of your marriage.
How much does a divorce cost in Northern Ireland?
Court fees are £326 to lodge the petition, £407 to set the case down for a hearing in the County Court (or £488 in the High Court) and £123 for the decree absolute, about £856 in all through the County Court. Solicitors' fees are extra, and you may pay less if you're on a low income or certain benefits.
How long does a divorce take in Northern Ireland?
There's no fixed timetable, because it depends on when the court can list your hearing. Once the decree nisi is granted, you must wait at least six weeks and one day before applying for the decree absolute, which ends the marriage.
Can I use an English divorce service if I live in Northern Ireland?
Usually not. Northern Ireland has its own divorce law and courts, so use a solicitor or service that works in Northern Ireland.
Sources
- nidirect, Getting a divorce or dissolving a civil partnership
- Department of Justice (Northern Ireland), Matrimonial proceedings: forms, fees and the Matrimonial Office
- legislation.gov.uk, Matrimonial Causes (Northern Ireland) Order 1978, article 3
- Department of Finance, Divorce and the Dissolution of Civil Partnerships Consultation Report (22 January 2026)
- Department for Communities, Child Maintenance Service
Keep reading
This guide is general information about divorce in Northern Ireland, not legal or financial advice. Laws, fees and figures change, so check the sources above and speak to a solicitor in Northern Ireland about your situation. Facts checked 20 October 2026.