MATRIMONIAL PETITIONS - NOTES FOR GUIDANCE
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MATRIMONIAL PETITIONS - NOTES FOR GUIDANCE
Users should be aware that these notes are intended to provide a brief overview of the main forms lodged in applications for separation or dissolution of marriage. The notes should be read in conjunction with the relevant legislation.
They are not, nor are they intended to be, a comprehensive description of legislative requirements for matrimonial applications.
Index
4 1. Petitions
2. Form M4 – Statement of Arrangements for Children
3. Form M5 – Notice of Proceedings
4. Form M6 – Acknowledgement of Service
5. Form M7 – Affidavit of Service
6. Answers
7. Supplemental Petitions
8. Form M8 – Certificate of Readiness
9. Form M10 – Notice of Application for Decree Nisi to be made Absolute
10. Fees List
11. Legislation Guide
13
20
25
31
33
35
37
39
42
43
3

1
2
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND, FAMILY DIVISION 3
IN THE COUNTY COURT FOR THE DIVISION OF (GIVE NAME OF COUNTY COURT) 3
THE PETITION OF Full name of Petitioner 4
1. On the date of marriage according to marriage certificate the Petitioner full name of
Petitioner according to marriage certificate
(referred to in marriage certificate as ……….) 4
was lawfully married to
full name of Respondent according to marriage certificate 4
(hereinafter called the "Respondent")
(referred to in marriage certificate as ……….) 4
at full name of church/registry office according to marriage certificate .
2 . The Petitioner and Respondent last lived together as husband and wife at address couple lived together.
5
3. The Court has Jurisdiction under Article 3 of the Council Regulation 2201/2003 of 27 th
November 2003 on the following ground(s): 6

The spouses are both habitually resident in Northern Ireland;
 The spouses were last habitually resident in Northern Ireland and the petitioner/respondent 7 still resides there;

The respondent is habitually resident in Northern Ireland;
 The petitioner is habitually resident in Northern Ireland and has resided there for at least one year immediately prior to the presentation of the petition; 8
 The petitioner is domiciled and habitually resident in Northern Ireland and has resided there
for at least six months immediately prior to the presentation of the petition; 8 or
 The spouses are both domiciled in Northern Ireland.
4. The Petitioner is by occupation a Petitioner's occupation and resides at Petitioners address .
9 The Respondent is by occupation a respondent's occupation and resides at respondents address .
10
5. There are no children of the family now living, except ……… 11
6. No other child now living has been born to the Petitioner/ Respondent during the marriage
(so far as is known to the Petitioner) except
……… 12
7. No periodical payment order or secured periodical payments order is sought for any child of the family except for on the grounds that ……… 13
8. There are or have been no other proceedings in any court in Northern Ireland or elsewhere with reference to the marriage (or any child of the family) or between the Petitioner and
Respondent with reference to any property of either or both of them except ……… 14
4

9. No application in respect of any child of the family has been made to the Child Support
Agency for a maintenance assessment under the Child Support (Northern Ireland) Order 1991 except ……… 15
10. There are no proceedings continuing in any country outside Northern Ireland which are in respect of the marriage or are capable of affecting its validity or subsistence except ……… 16
11. No agreement or arrangement has been made or is proposed to be made between the parties for the support of the Petitioner/Respondent (and any child of the family) except
……… 17
12. The said marriage has broken down irretrievably.
18
13. 19
14. 20
PRAYER 21
The Petitioner therefore prays:
1. The said marriage be dissolved/judicially separated/declared null and void/declared null and voidable 22
2. The Petitioner may be granted ………….
23
3. That the Respondent/ Co-Respondent 24 may be ordered to pay the costs/half costs of this suit.
4. That the Petitioner may be granted the following ancillary relief: 25
An order for maintenance pending suit and thereafter, a periodical payments order, a secured provision order, a lump sum order.
A periodical payments order
A secured provision order^
— For the Children
A lump sum order
A property adjustment order in relation to :- 26
A Pension Sharing Order/Attachment Order pursuant to Article of The Matrimonial Causes (NI)
Order 1978 as amended by the Welfare Reform and Pensions (NI) Order 1999.
Signed 27
The name and address of the person/s to be served with this petition are:
Respondent: 28
Co-Respondent:
The petitioners address for service: 29
Dated this 30
Address all communications for the court to:
The Master
Matrimonial Office
Royal Courts of Justice
Chichester Street
Belfast, BT1 3JF 31
5

NOTES - PETITION
1 The FPR 1996 (SR 1996 No.322) (‘FPR 1996’) provide that all applications made under the
Matrimonial Causes (Northern Ireland) Order 1978 (SI 1978 No.1045 (NI 15)), except applications under Article 16(4) (leave to institute proceedings for a decree of nullity in a voidable marriage after the expiration of three years), must be begun by petition (Rule
2.3(1) FPR 1996).
The Rules further provide (Rule 2.6(4) FPR 1996) that the petition must be accompanied by a
Notice of Proceedings (Form M5 FPR 1996), an Acknowledgement of Service (Form M6 FPR
1996) and, if there are any children aged under 16 years or over that age and continuing in education or training, a Statement of Arrangements for Children (Form M4 FPR 1996). All forms lodged in connection with an application must be entitled in the names of the parties and addressed to the respondent and any co-respondents. It is the responsibility of the lodging party to provide sufficient copies of documents for service on all respondents, that is one original plus one copy of each document for each respondent (with the exception of the Statement of Arrangements for children which is not served on co-respondents).
A long form marriage certificate and long form birth certificates for all children of the family under the age of 18 must be lodged with the petition (Rule 2.6(2) FPR 1996) Copies and short form certificates cannot be accepted (Practice Direction issued by The
Honourable Mr Justice Higgins (18 December 1990)). A marriage celebrated outside
Northern Ireland must be verified by the production of a marriage certificate or a certified copy of an entry into the register of marriages kept under the law in force in the country that the marriage took place. Documents not in English must be accompanied by a translation certified by a notary public or authenticated by affidavit (Rule 2.42 FPR 1996). Legal Aid
Certificates must be lodged within fourteen days of issue or, if proceedings have not yet begun, upon commencement of proceedings. Previous proceedings relating to the marriage referred to in the petition should be verified by copy court orders. Original matrimonial agreements must be lodged where the petitioner prays that an agreement be made a rule of court.
Unless the court otherwise directs (Rule 2.4(1) FPR 1996) petitions should be prepared in accordance with Appendix 2 of the FPR 1996 which makes provision as to content thereof.
All Petitions must appear in typescript. Whilst other forms can be handwritten, petitions with handwritten amendments or which sport correction fluid will be returned to the lodging party.
3
2 The heading of a petition should be as per Form M2 of the FPR 1996.
Only one of the two options shown should appear on the Petition.
6

Notes - Petition cont:
4 The names of parties should appear as on the long form marriage certificate. If the
Petitioner or Respondent did not take on the married name an explanation must be given on the face of the Petition that is, that the – i) parties name was changed by deed poll; ii) parties name was changed by common usage; or
5 iii) the party never took on the married name.
Paragraph 1(b), Appendix 2, FPR 1996.
6 The jurisdiction of the court to hear the application must be detailed at paragraph 3 of the Petition. Article 3 of Council Regulation (EC) No 2201/2003 of 27 November 2003 with effect from 1 March 2005 applies. There are six variations. Each petition must contain at least one. If none of the 6 grounds of jurisdiction apply but the applicant still alleges that the court has jurisdiction, paragraph 3 of the petition should be replaced with the following
"The court has jurisdiction other than under Council Regulation on the basis that no
Contracting State has jurisdiction under the Council Regulation and the petitioner/ respondent is domiciled in Northern Ireland on the date when this petition is issued."
7 Should be deleted as appropriate.
8 If these grounds are relied upon, the addresses at which parties lived and the time at each address must be included.
9 Should the applicant wish their current address to remain confidential an application to that effect must be made to the Master. A petition which does not disclose the address of the petitioner cannot otherwise proceed (Paragraph 1(e), Appendix 2, FPR 1996).
10 If the respondents address is unknown to the petitioner, this should be stated at paragraph 4. In such circumstances the applicant will have to make an application to the
Master to dispense with service in order to proceed with the application.
11 Paragraph 5 should include the full names, as per long form birth certificates, of each child of the family and their dates of birth or, if it be the case, a statement that the children are over 18 years of age (Paragraph 1(f), Appendix 2, FPR 1996) . Child of the family is defined by Article 1 of the 1978 Order as;
(i) children born to the Petitioner and Respondent;
(ii) children adopted or fostered by the Petitioner and Respondent; or
(iii) children born to either party who were treated as children of the family.
A long form birth certificate should be lodged in respect of each child of the family aged under 18 years (Rule 2.6(2) FPR 1996). Copies and short form certificates cannot be
7

Notes - Petition cont: accepted (Practice Direction issued by The Honourable Mr Justice Higgins 18 December
1990). In the case of each minor child over the age of 16, a statement should be included at paragraph 5 as to whether the child is receiving instruction at an educational establishment or undergoing training for a trade, profession or vocation (Paragraph 1(f), Appendix 2, FPR
1996). If there are no children of the family the word “except” should be omitted from paragraph 5 so that it reads “There are no children of the family now living.”
12 As per paragraph 1(g) of Appendix 2, FPR 1996, paragraph 6 of the petition is concerned only with children born to the female party of the marriage who were not treated as children of the family. The word petitioner or respondent should be deleted accordingly. The children’s full name and date of birth must be included, or as the case may be, a statement that the children are aged over 18 years. If there are no such children, the word “except” should be omitted and paragraph 6 should end either with the word “marriage” if the female party is the petitioner, or with the phrase “so far as is known to the petitioner” if the male party of the marriage is the petitioner.
13 Paragraph 7 should detail any financial settlement which the petitioner requires the court to make on behalf of children of the family, that is, those children included at paragraph 5 of the petition. The name and date of birth of each child in relation to which a settlement is required must be specified as must a statement that;
 the application is for a stepchild;
 the application is for settlement in addition to maintenance already payable under a Child
Support Agency calculation;
 the application is to meet expenses arising from a child’s disability; or
 that the application is to meet expenses in relation to a child’s education or training.
If the child, the person with care of the child or the absent parent is not habitably resident in Northern Ireland, a statement to that effect should also be included (Paragraph 1(i),
Appendix 2, FPR 1996).
If no financial support for the children is required, the words from “except” onwards should be omitted so that paragraph 7 reads “No periodical payment order or secured payments order is sought for any child of the family. If there are no children of the family, this paragraph can be omitted and subsequent paragraphs renumbered.
14 Paragraph 8 should include details of any court hearings in relation to the marriage, any children of the family and any property belonging to either or both parties to the marriage.
In each case, there must be specific mention of;
 the name of the court to which the application was made;
 the nature of proceedings; and
 the date and effect of any orders made (Paragraph 1(k), Appendix 2, FPR 1996).
8

Notes - Petition cont:
References to previous proceedings in paragraph 8 should be verified by copy court orders.
If proceedings related to the marriage, a statement should be included as to whether cohabitation was resumed after the court order was made. Details of applications to file amended or second petitions should also be included in this paragraph. If there are no related proceedings, the word ”except”, should be omitted.
15 Paragraph 9 should include details of any applications made to the Child Support Agency in respect of any child of the family. If there have been proceedings;
 the child’s name;
 the date of the application; and
 details of the calculation, if such is available should be included (Paragraph 1(j), Appendix
2, FPR 1996).
If no such application has been made the word “except” should be omitted. If there are no children of the family, paragraph 9 may be omitted and subsequent paragraphs renumbered.
16 Paragraph 10 should detail any continuing court proceedings outside Northern Ireland which relate to the marriage or are capable of affecting its validity. Details should include:
 the name of the country and the court in which applications have been made;
 the date proceedings were begun;
 names of the parties;
 details of orders made;
 the date or expected date of any future hearings; and
 any other facts relevant to the question as to whether the proceedings on the petition should be stayed under Schedule 1 to the 1978 Order.
If there are no such proceedings the word “except” should be omitted but the paragraph must always be included (Paragraph 1(l) Appendix 2, FPR 1996).
17 Paragraph 11 should include details of arrangements or proposed arrangements for the financial support of the petitioner or respondent and any child of the family. The words petitioner, respondent and children of the family should be omitted as necessary. If no such arrangements have been made or are proposed to be made the word “except” should be omitted (Paragraph 1(m), Appendix 2 FPR 1996).
18 A statement as to the irretrievable breakdown of marriage is required only in cases of divorce (Paragraph 1(o), Appendix 2, FPR 1996). In cases where a judicial separation or decree of nullity is sought, this paragraph should be omitted and subsequent paragraphs renumbered.
19 The grounds on which an application is sought should be detailed at paragraph 13. For divorce or judicial separation, one of the five facts contained in Article 3(2) of the 1978
Order must be included (Paragraph 1(p) Appendix 2 FPR 1996). That is;
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Notes - Petition cont:
(a) since the date of the marriage, the respondent has committed adultery;
(b) the respondent has behaved in such a way that the petitioner cannot reasonably be expected to live with the respondent;
(c) the respondent has deserted the petitioner for a continuous period of at least two years immediately preceding the presentation of the petition;
(d) the parties to the marriage have lived apart for a continuous period of at least two years immediately preceding the presentation of the petition and the respondent consents to a decree being granted;
(e) the parties to the marriage have lived apart for a continuous period of at least five years immediately preceding the presentation.
If an application is for nullity, the ground on which relief is sought should be included
(Paragraph 1(p), Appendix 2, FPR 1996).
20 Paragraph 14 should detail the facts relied upon in support of paragraph 13. In relation to the two and five year grounds, for example, the date on which co-habitation ended or the date on which parties began to live separate lives should be specified. Where parties assert that they live separate lives in the same accommodation, details of how they conduct their affairs separately should be included.
Where it is intended to adduce evidence that a person was convicted of an offence by or before a court in the United Kingdom or by a court-martial there or elsewhere, or was found guilty of adultery in matrimonial proceedings or was found or adjudged to be the father of a child in relevant proceedings before a court in the United Kingdom, a statement of intention to adduce such evidence together with particulars of;
 the conviction, finding or adjudication and the date thereof;
 the court or court-martial which made the conviction, finding or adjudication and, in the case of a finding or adjudication the proceedings in which it was made; and
 the issue in the proceedings to which the conviction, finding or adjudication is relevant.
It should be noted that adultery cannot be relied upon as grounds for divorce if, after it became known that adultery had been committed, the parties lived with each other for a period exceeding, or periods together exceeding, six months (Article 4(1) 1978 Order). In circumstances where it is proven that adultery was committed with the connivance of the petitioner, the court may dismiss the petition (Article 4(2) 1978 Order).
In cases where it is alleged the respondent has behaved in such a way that the petitioner cannot reasonably be expected to live with him, but the parties to the marriage have lived with each other for periods after the date of the final incident relied on by the petitioner, an application may still proceed on grounds of unreasonable behaviour provided that the length those periods in which the parties lived together does not exceed six months (Article
4(3) 1978 Order).
10

Notes - Petition cont:
In considering an application for desertion and the period for which parties to a marriage have lived apart, no account will be taken of any one period (not exceeding six months) or of any two or more periods (not exceeding six months in all) during which the parties resumed living with each other, but no period during which the parties lived with each other will count as part of the period of desertion or of the period for which the parties to the marriage lived apart, as the case may be (Article 4(5) 1978 Order). The court may also treat a period of desertion as having continued at a time when the deserting party was incapable of continuing the necessary intention if the evidence before the court is such that, had that party not been so incapable, the court would have inferred that his desertion continued at that time (Article 4(4) 1978 Order).
In the case of an application for a decree of nullity under Article 14(e) (the respondent was suffering from venereal disease in communicable form) or (f) of the 1978 Order (at the time of the marriage the respondent was pregnant by some person other than the petitioner), a statement that the petitioner was ignorant of the facts alleged at the time of marriage should be included (Paragraph 2, Appendix 2, FPR 1996).
In the case of a petition for a decree of presumption of death and dissolution of marriage the following information should be included;
 the last place at which the parties to the marriage co-habited;
 the circumstances in which the parties ceased to co-habit;
 the date when and the place where the respondent was last seen or heard of; and
 the steps which have been taken to trace the respondent (Paragraph 3, Appendix 2, FPR
1996).
21 Every petition must conclude with a prayer setting out particulars of the relief claimed, including any claim for costs and any application for ancillary relief (including any application for pension sharing or pension attachment order) which it is intended to claim (Paragraph
4(a), Appendix 2, FPR 1996). Paragraphs are included in this draft petition by way of example and should be omitted as appropriate.
22 Statements should be omitted in accordance with the relief sought.
23 Where the petitioner prays that a matrimonial agreement be made a rule of court, the original agreement should be lodged with the petition.
24 References to the Respondent and Co-respondent should be deleted as appropriate. If the petitioner is not requesting that the respondent or co-respondent be ordered to pay costs the paragraph should be omitted. The information contained in this paragraph must correspond to the reference to costs in the Acknowledgement of Service. No assumption will be made as to the intention of the petitioner in this regard.
11

Notes - Petition cont:
25 Statements should be omitted/ inserted as appropriate.
26 If a property adjustment order is sought the full address of the property should be included.
27 If settled by counsel, petitions must be signed by him, otherwise the petition should be signed by the solicitor in his own name or the name of the firm.
28 The names and addresses of all persons to be served with the petition should be included
(Paragraph 4(b), Appendix 2, FPR 1996). If any respondent is under a disability a statement to that effect should be included. Service may never be performed personally by the petitioner (Rule 2.9(2) FPR 1996). Rule 2.9(1) FPR 1996 provides that acceptable examples of service are post, recorded delivery or service by a process server or other party.
29 The petitioners address for service should be the solicitors or firms name and address
(Paragraph 4(c), Appendix 2, FPR 1996).
30 The date must be included as it impacts upon to the grounds which may be relied upon by the petitioner (Rule 2.5 FPR 1996).
31 The court address must be included at the end of the petition.
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32 FORM M4
STATEMENT OF ARRANGEMENTS FOR CHILDREN
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND, FAMILY DIVISION 33
IN THE COUNTY COURT FOR THE DIVISION OF___________________________ 33
Rule 2.3(2)
Between Petitioner
Respondent and and Co-Respondent 34
To the Petitioner
You must complete this form if you or the respondent have any children ●under 16 or ●over 16 but under 18 if they are at school or college or are training for a trade, profession or vocation.
Please complete Parts I, II and III.
Before you issue a petition for divorce try to reach agreement with your husband/wife over the proposals for the children’s future. There is space for him/her to sign at the end of this form if agreement is reached.
If your husband/wife does not agree with the proposals he/she will have the opportunity at a later stage to state why he/she does not agree and will be able to make his/her own proposals.
You should take or send the completed form, signed by you (and, if agreement is reached, by your husband/wife) together with a copy to the court when you issue your petition
If you wish to apply for any f the orders which may be available to you under Part II or III of the
Children (Northern Ireland) Order 1995 you are advised to see a solicitor.
The court will only make an order if it considers that an order will be better for the child(ren) than no order.
You should obtain legal advice from a solicitor or, alternatively, from an advice agency.
Addresses of solicitors and advice agencies can be obtained from the Yellow Pages .
To the Respondent
The petitioner has completed Part I, II and III of this form which will be sent to the court at the same time that the divorce petition is filed.
Please read all parts of the form carefully
If you agree with the arrangements and proposals for the children you should sign Part IV of the form
You should return the form to the petitioner, or his/her solicitor.

If you do not agree with all or some of the arrangements or proposals you will be given the opportunity of saying so when the divorce petition is served on you.
Part 1 – Details of the children
Please read the instructions for boxes 1, 2 and 3 before you complete this section
1. Children of both parties (Give details only of any children born to you and
the Respondent or adopted by you both) 35
Forenames Surname Date of Birth
(i)
(ii)
(iii)
(iv)
(v)
2. Other children of the family (Give details of any children treated by both of you as children of the family; for example your own or the Respondents) 36
(i)
(ii)
(iii)
Forenames
(iv)
(v)
Surname Date of Birth Relationship to
Yourself Respondent
3. Other children who are not children of the family (Give details of any children born to you or the Respondent that have not been treated as children of the family or adopted by you both) 37
Forenames Surname
(i)
(ii)
(iii)
(iv)
(v)
Part II
– Arrangements for the children of the family
Date of Birth
This part of the form must be completed. Give details for each child if arrangements are different. If necessary, continue on another sheet and attach it to this form.
4. Home details (Please tick the appropriate boxes)
(a) The address at which the children now live
14

(b) Give details of the number of living rooms, bedrooms, etc at the address in (a)
(c) Is the house rented or owned and by whom?
Is the rent or any mortgage being regularly paid?
(d) Give the names of all other persons living with the children including your husband/wife if he/she lives there. State their relationship to the children
(e) Will there be any change in these arrangements? Please give details)
5. Education and training details (Please tick the appropriate boxes)
(a) Give the names of the school, college or place of training attended by each child.
(Please give details) 38 (b) Do the children have any special educational needs?
(c) Is the school, college or place of training, fee-paying
Are fees being regularly paid?
(d) Will there be any change in these arrangements?
the fees are per term/year)
(Please give details of how much
(Please give details)
(Please give details)
6. Childcare details (Please tick the appropriate boxes)
(a) Which parent looks after the children from day to day? If responsibility is shared, please give details
(b) Does that parent go out to work?
(c ) Does someone look after the children when the parent is not there?
(d) Who looks after the children during school holidays?
(e) Will there be any change in these arrangements?
(Please give details of his/her hours of
work)
(Please give details)
(Please give details)
7. Maintenance (Please tick the appropriate boxes)
(a) Does your husband/wife pay (Please give details of how much) towards the upkeep of the children? If there is another source of maintenance please specify.
15

(b) Is the payment made under a court order?
(c) Is the payment following an assessment by the Child
Support Agency
(Please give details)
(Please give details)
(d) Has maintenance for the children been agreed?
If not, will you be applying for a maintenance order from the court?
Child support maintenance through the Child Support
Agency?
8. Details for contact with the children (Please tick the appropriate boxes)
(a) Do the children see your husband/wife?
(b) Do the children ever stay
(Please give details of how often and
where) 39
(Please give details of how much) with your husband/wife?
(c) Will there be any changes to these arrangements?
(Please give details of how much)
9. Details of health (Please tick the appropriate boxes)
(a) Are the children generally in good health?
(b) Do the children have any special needs?
40
10. Details of care and other court proceedings (Please tick appropriate boxes)
(a) Are the children in the care of a local authority, or under the supervision of a social worker or probation officer?
(b) Are any of the children on the Child Protection Register?
(c) Are there or have there been any proceedings in any court involving the children, for example adoption, custody/residence, access/contact wardship, care, supervision or maintenance (you need not include any Child
Support Agency proceedings)?
(Please give details including any court
proceedings)
(Please give details of the local authority
and the date of registration)
(Please give details and send a copy of any
order the court)
16

Part III
– To the Petitioner
Conciliation
If you and your husband/wife do not agree about the arrangements for the child(ren), would you agree to discuss the matter with a Conciliator and your husband/wife?
Declaration
I declare that the information I have given is correct and complete to the best of my knowledge.
Signed …………………………………………………………… (Petitioner) 41
Date: ……………………………………………………………..
Part IV – To the Respondent
I agree with the arrangements and proposals contained in Part I and II of this form.
Signed: …………………………………………………….. (Respondent) 42
Date: ………………………………………………………
17

NOTES – FORM M4
32 A Form M4 must be lodged if there are children of the family aged under 16 and/or there are children of the family aged between 16 and 18 who are continuing in education or training. The form is concerned with;
 where and with whom the children reside;
 education and training including special educational needs of the children;
 who cares for the children when the parent with whom they reside is not available;
 maintenance paid in respect of the children;
 contact between the parties and the children; and
 the health of the children.
Unlike the petition, the M4 may be completed in typescript or by hand. When checking this form, the primary areas of concern should be that:
 Boxes 1 – 3 reflect details of children of the family as described in paragraphs 5 & 6 of the petition;
 Special education needs referred to in Box 5(b) are verified by an education report;
 Where it is asserted that parties have contact with the children details of where and when contact takes place are included;
 Health problems referred to in Box 9 are verified by a report from a medical practitioner; and
 Full details of care and other court proceedings relating to the children have been included.
33 One of the two options should be deleted. In the case of a petition to be set down before the county court the county court division should be inserted.
34 Delete if inapplicable. Co-respondents should not be served with copies of Statements of
Arrangements for Children however where a co-respondent exists their name should remain in the title of the document.
35 Box 1 should detail children born to, adopted or fostered by, both parties of the marriage.
Together Box 1 and Box 2 should contain the names of all children referred to in paragraph
5 of the petition who are aged under 18 and continuing in education or training.
36 Box 2 should detail children born to either party of the marriage who were treated as children of the family. Together Box 1 and Box 2 should contain the names of all children referred to in paragraph 5 of the petition who are aged under 18 and continuing in education or training.
37 Box 3 should replicate paragraph 6 of the petition and should detail children born to the female party of the marriage who were not treated as children of the family (Paragraph 1(g)
Appendix 2 FPR 1996).
18

Notes – Form M4 cont:
38 Special education needs must be verified by the inclusion of an education report from the education establishment attended by the children.
39 Where parties have indicated that they or their husband/wife have contact with the children of the family details of how often and where contact takes place must be included.
40 Health problems must be verified by the inclusion of reports from medical practitioners
Rule 2.3(2) FPR 1996.
41 It is preferable that Form M4 is signed by both parties, however, only the petitioners signature is required for the petition to be issued by the Matrimonial Office.
42 The Respondent may decide to sign the M4, not to sign the M4, or to insert their own M4.
In any of those circumstances the application may proceed as the Respondent has further opportunity to indicate whether they agree with the Statement of Arrangements on the
Acknowledgement of Service (M6) and the court may make inquiries on the day of the Nisi hearing.
19

43 FORM M5
Rule 2.6(4)
NOTICE OF PROCEEDINGS
44 IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND, FAMILY DIVISION 45
IN THE COUNTY COURT FOR THE DIVISION OF ___________________________ 45
Between and
Petitioner
Respondent and Co-Respondent 46
TAKE NOTICE that a petition (for divorce) (originating summons) 47 has been presented to the
Court. A sealed copy of it (and a copy of the petitioner’s Statement of Arrangements regarding the children) 48
(is) 49 (are)
49 delivered with this notice.
1. You must complete and detach the acknowledgement of service in Form M6 and send it so as to reach the Matrimonial Office, Royal Courts of Justice, Chichester Street, Belfast, within 14 days after you receive this notice, inclusive of the day of receipt. Delay in returning the form may add to the costs.
2. If you intend to instruct a solicitor to act for you, you should at once give him all documents which have been served on you, so that he may send the acknowledgement to the Matrimonial
Office on your behalf. If you do not intend to instruct a solicitor, you should nevertheless give an address for service in the acknowledgement so that any documents affecting your interests which are sent to you will in fact reach you. Change of address should be notified to the Matrimonial
Office.
NOTES ON QUESTIONS IN FORM M6
2A
(a) If you answer “Yes” to Question 1A 50 please attach a copy of any relevant order or court documents to the acknowledgement of service.
(b) Be fore answering “Yes” to Question 1A or “No” to Question 1D 51 you should understand that, under 52 Articles 16 & 17 53 and 19 54 of Council Regulation (EC)
NO.2201/2003 of 27 th November 2003 on jurisdiction and the recognition and enforcement of judgements in matrimonial matters and in matters of parental responsibility for children of both spouses, the court will need to decide whether it has jurisdiction to entertain the proceedings. In these circumstances, the proceedings may be stayed whilst the court reaches its decision
3. If you answer Yes to Question (4 or 7) 55 you must within 35 days after you receive this notice, inclusive of the day of receipt, file in the Matrimonial Office, Royal Courts of Justice,
Chichester Street, Belfast, an answer to the petition, and deliver a copy to every other party to the proceedings. The case will then be transferred to the High Court.
56 4. Before you answer Yes to Question 5 you should understand that
–
(a) you are under no obligation to answer this question but you may do so if you wish;
(b) the answer Yes will be treated by the Court as an admission on which the petitioner is entitled to rely and may result in an order for costs being made against you.
(c) if you are in any doubt about the answer to give you should consult a solicitor
57 5. Before you answer Yes to Question 6 you should understand that -

(a) if the petitioner satisfies the Court that the petitioner and you have lived apart for 2 years immediately before the presentation of the petition and that you consent to decree, the Court will grant one unless it considers that the marriage has not broken down irretrievably;
(b) a decree absolute of divorce will end your marriage so that -
(i) any right you may have to a pension which depends on the marriage continuing will be affected;
(ii) you will not be able to claim a State widow’s pension when the petitioner dies;
(c) once the Court grants a decree absolute of divorce or a decree of judicial separation, you will lose your right to inherit from the petitioner if he or she dies without having made a will;
(d) a decree may have other consequences in your case depending on your particular circumstances and if you are in any doubt about these you would be well advised to consult a solicitor.
58 6. If after consenting you wish to withdraw your consent you must immediately inform the
Matrimonial Office and give notice to the petitioner.
59 7. The petitioner relies in support of the petition on the fact that the parties to the marriage have lived apart for at least 5 years. Article 12 60 of the Matrimonial Causes (Northern Ireland)
Order 1978 provides that if in such a case the respondent applies to the Court for it to consider the respondent’s financial position after the divorce a decree nisi based on 5 years’ separation only cannot be made absolute unless the Court is satisfied that the petitioner has made or will make proper financial provision for the respondent, or else that the petitioner proposes to make any financial provision for you. It is important that you should consider this information carefully before answering Question 7 in the acknowledgement.
61 8. If you answer Yes to Question 8 you must, before the decree is made absolute, make application to the Court by filing and serving on the petitioner a notice in Form M14 62 .
63 9. (a) If you do not wish to defend the case but object to the claim for costs, you should answer Yes to Question 9 in the acknowledgement. You must state the grounds on which you object. An objection cannot be entertained unless grounds are given which, if established, would form a valid reason for not paying the costs. If such grounds are given, you will be notified of a date on which you must attend before the
Judge if you wish to pursue your objection.
(b) If you do not object to the claim for costs but simply wish to be heard on the amount to be allowed, you should answer No to Question 9
(c) If you are ordered to pay costs, that amount will, unless agreed between the petitioner and yourself, be fixed by the Court, or will be taxed by the taxing master, after lodgement of the petitioner’s bill of costs. In the latter event, you will be sent a copy of the bill and will have the right to be heard about the amount before it is finally settled.
10. Please answer Question 10.
64 If your answer to Question 10(b) is Yes make sure you sign the Form M6 at the end.
11. If you wish to make an application for 65
- a residence order
- a contact order
- a specific issue order
- a prohibited steps order
21

in respect of a child you will have to make a separate application on Form C1 66 . Before you apply for any of these orders or any other order which may be available to you under the Children
(Northern Ireland) Order 1995 you are advised to see a solicitor.
12.
If you wish to contest the petitioner’s financial or property claim, you will have an opportunity of doing so when you receive a notice stating that the petitioner intends to proceed with the claim. You will then be required to file an affidavit giving particulars of your property and income and be notified of the date when the claim is to be heard.
13. If you wish to make some financial or property claim on your own account, you will have to make a separate application. If you are in doubt as to the consequences of divorce on your financial position, you should obtain legal advice from a solicitor.
Dated this day of 20
Master
To
(insert name and address of Respondent/Co-Respondent)
22

NOTES – FORM M5
43 Form M5 must be served with the petition and the Acknowledgement of Service (Form
M6) on every respondent (FPR 1996 2.9(2)). The form seeks to explain the Acknowledgement of Service for the benefit of parties served. Unlike the petition, the form may be completed and amended in typescript or by hand. The form is generic in nature and should be amended in accordance with the petition and Acknowledgement of Service. Paragraphs not relevant to the grounds on which the petition is proceeding should be deleted. For example, if a petition is proceeding on two years with consent, paragraphs 5 and 7 should be omitted.
Similarly if there are no children of the family Question 10 should be deleted. The Form should also be amended according to the recipient. For example, Question 10 is not relevant to co-respondents as they will not be served with a copy of Form M4.
44 Form M5 should be entitled as per Form M3 of the FPR 1996.
45 One of the two options should be deleted. In the case of a petition to be set down before the county court the county court division should be inserted.
46 Delete if inapplicable.
47 One of the two options should be deleted.
48 If there are no children of the family, the reference to Statements of Arrangements for
Children (Form M4) should be deleted.
49 Delete as applicable.
50 Proceedings continuing outside Northern Ireland relating to the marriage or capable of affecting its validity or subsistence.
51 The grounds of jurisdiction for the application as set out in the petition.
52 Council Regulation (EC) NO.1347/2000 was repealed and replaced by Council Regulation
(EC) No 2201/2003 of 27 November 2003 with effect from 1 March 2005. Grounds of jurisdiction are set out in Article 3 of the 2003 Regulations.
53 Articles 16 & 17 Council Regulation (EC) No 2201/2003.
54 Article 19 Council Regulation (EC) No 2201/2003.
55 Where the petition is not based upon 5 years separation the reference to Question 7 in paragraph 3 should be deleted. The reference to Question 7 should be deleted on forms to be served on co-respondents.
23

Notes – Form M5 cont:
56 Where the petition is not based on adultery paragraph 4 should be deleted.
57 Where the petition is not based on two years’ separation paragraph 5 should be deleted.
Paragraph 5 should be deleted on forms to be served on co-respondents.
58 Where the petition is not based on two years’ separation paragraph 6 should be deleted.
Paragraph 6 should be deleted on forms to be served on co-respondents.
59 Where the petition is not based upon five years separation paragraph 7 should be deleted.
Paragraph 7 should be deleted on forms to be served on correspondents.
60 Proceedings after the Decree Nisi: Special Protection for Respondent in Separation Cases.
61 Where the petition is not based on two years’ separation or five years separation paragraph 8 should be deleted. Paragraph 8 should be deleted on forms to be served on corespondents.
62 FPR 1996.
63 Where the prayer of the petition does not request that an order for costs or half costs be made against any party, paragraph 9 should be deleted.
64 If there are no children of the family, paragraph 10 should be deleted. Paragraph 10 should be deleted on documents to be served on co-respondents.
65 Applications under Article 8 of the Children (Northern Ireland) Order 1995 (SI 1995
No.755 (NI 2) (‘1995 Order’). Where there are no children of the family paragraph 11 should be deleted. Paragraph 11 should also be deleted on documents to be served on corespondents.
66 Form C1 FPR 1996 (Application for an Order under the 1995 Order).
24

67 FORM M6
Rule 2.10(1)
If you intend to instruct a solicitor to act for you, give him this form immediately
ACKNOWLEDGEMENT OF SERVICE
68
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND, FAMILY DIVISION 69
IN THE COUNTY COURT FOR THE DIVISION OF _______________________ 69
Between Petitioner and and
Respondent
Co-Respondent 70
Read carefully the attached Notice of Proceedings before answering the following questions.
1. Have you received the petition for divorce delivered with this form?
1a. Are there any proceedings continuing in any country outside Northern
Ireland, which relate to the marriage or are capable of affecting its validity or subsistence? If so, please provide the following information:
(i) Particulars of the proceedings, including the court in or tribunal or authority before which they were begun,
(ii) The date when they were begun
(iii) The names of the parties,
(iv) The date or expected date of any trial of the proceedings, and
(v) Such other facts as may be relevant to the question whether the proceedings on the petition should be stayed under Article 19 of the Council Regulations.
71
1b. In which country are you
–
(i) Habitually resident?
(ii)
Domiciled?
71
1c. Of which country are you a national? 71
1d. Do you agree with the statement of the petitioner as to the grounds of jurisdiction set out in the petition? If not, please state the grounds on which
you disagree with the statement of the petitioner.
71
2. On what date and at what address did you receive it?
3. Are you the person named as the Respondent?
4. Do you intend to defend the case?
75 decree being granted?
74
73
5. In the case of a petition alleging adultery Do you admit the adultery alleged in the petition?
76 6.
In the case of a petition alleging 2 years’ separation coupled with the respondent’s consent to a decree being granted. Do you consent to a
On the day of
20 at 72

77 7. In the case of a petition asking for divorce alleging 5 years’ separation. Do you intend to oppose the grant of a decree on the ground that the divorce will result in grave financial or other hardship to you and that in all the circumstances it would be wrong to dissolve the marriage?
78 8. In the event of a decree nisi being granted on the basis of 2 years’ separation 79 , coupled with the respondent’s consent, or 5 years’ separation 80 do you intend to apply to the Court for it to consider your financial position as it will be after the divorce?
9. Even if you do not intend to defend this case, do you object to pay the costs of these proceedings? If so, on what grounds?
81
82 10. (a) Have your received a copy of the Statement of Arrangements for
Child/Children?
(b) Do you agree with the proposals in the Statement of Arrangements? If not you may file a written statement of your own views on the present and proposed arrangements for child/children. It would help if you sent that statement to the court office with this form.
83 11. In the case of proceedings relating to a polygamous marriage
If you have any wife/husband in addition to the petitioner who is mentioned in the petition, what is the name and address of each such wife/husband and the date and place of your marriage to her/him?
If a Solicitor is instructed, he will supply the information required* at below. However, if the answer to
Question 5, 6 or 10(b) if yes, you must also sign here.
Signed 84
Dated this day of 20
Address for service 85
26

Address for service:
Unless you intend to instruct a solicitor, give your place of residence or if you do not reside in
Northern Ireland, the address of place to which documents may be sent to you.
If you subsequently wish to change your address for service, you must notify the Matrimonial
Office, Royal Courts of Justice, Chichester Street, Belfast BT1 3JF
* I am/we are acting for the Respondent/the above-named in this matter
Address for service
86 *Signed
*Dated this day of 20
Have you answered all the questions, dated and signed this form?
If so please return to:
The Master
Probate and Matrimonial Office
Family Division
Royal Courts of Justice
PO Box 410
Chichester Street, Belfast, BT1 3JF
27

NOTES – FORM M6
67 Form M6 must be served with the petition and the notice in Form M5 on every respondent
(FPR 1996 2.9(2)).
The form seeks verification as to:
 Whether or not the respondent/co-respondents have received a copy of the petition;
 The integrity of the jurisdiction on which the petitioner has relied in paragraph 3 of the petition;
 Whether or not the respondent/co-respondents intend to defend the petition;
 Whether or not the respondent consents to a decree being granted on a two year grounds;
 Whether or not the respondent objects to a divorce on the grounds of financial hardship;
 Whether or not the respondent wishes the court to consider their financial position after the divorce;
 Whether or not the respondent/co-respondent objects to paying the costs of proceedings as per the prayer of the petition; and
 Whether or not the respondent has received and agrees with the Statement of
Arrangements for Children.
Unlike the petition, the Acknowledgement of Service may be completed or amended in typescript or by hand. The form is generic in nature and should be amended in accordance with the petition and according to the recipient. Questions not relevant to the grounds on which the petition is proceeding should be deleted. For example, if a petition is proceeding on two years with consent, Questions 5 (adultery), 7 (divorce opposed on grounds of financial hardship) and 11 (polygamous marriage) should be deleted. Similarly, it is not necessary to ask co-respondents about jurisdiction (Question 1a – 1d) or whether they agree with the
Statement of Arrangements for children (Question 10). Questions 6 – 8 (2 and 5 years’ grounds) do not apply to divorces on grounds of adultery or unreasonable behaviour and should also be omitted from forms to be served on co-respondents. Question 9 (costs) must correspond to the prayer of the petition. If the petition prays for half costs Question 9 should be amended accordingly. If the prayer of the petition does not pray for costs,
Question 9 should be deleted.
The M6 returned to the Matrimonial Office must either be the original Red Issued stamped form, or a copy certified by the Office which will have a red certified stamp on the back page of the form. Photocopies are not acceptable (Practice Direction as of 1 September
1992).
68 The Acknowledgement of Service should be entitled as per Form M3 of the FPR 1996.
69 One of the two options should be deleted. In the case of a petition to be set down before the county court the county court division should be inserted.
28

Notes – Form M6 cont:
70 Delete if inapplicable.
71 Questions 1a-1d must be answered by the respondent but should be omitted from forms to be served upon co-respondents. Questions 1a- 1d should also be deleted in on forms served on petitioners with Answer and Cross Petitions
72 The date of receipt of the petition should be inserted. Time limits for defending an application are calculated from the date of service.
73 Should be amended to state respondent or co-respondent as appropriate.
74 Notice of intention to defend must be made by return of the Acknowledgement of Service to the Matrimonial Office within 14 days of service inclusive of the day of service (Rule 2.11
FPR 1996).
75 Where the petition is not based on grounds of adultery Question 5 should be deleted.
Where adultery is the only ground contained in the petition and adultery is not admitted by the respondent at Question 5, or the M6 is not returned, it will be the responsibility of the petitioner to prove adultery took place if the petition is to proceed on that ground.
76 Consent to a petition on the grounds of 2 years’ separation must be given via the
Acknowledgement of Service signed by the respondent if acting in person or in the case of a respondent represented by a solicitor by the respondent and the solicitor (Rule 2.12(1) FPR
1996). Where 2 years’ separation is the only ground in the petition and consent is not given at Question 6 or the M6 is not returned, the petition cannot proceed. Where consent is granted but the respondent makes their consent conditional upon no order for costs being made against them, the fact that consent is so conditioned should be recorded at Question 6
(Practice Direction 2/97 – Conditional Consent to a Decree – issued by The Honourable Mr
Justice Higgins on 11. February 1997). Where the petition is not based upon 2 years’ separation Question 6 should be deleted. Question 6 should be omitted on forms to be served on co-respondents.
77 Where the petition is not based upon 5 years’ separation Question 7 should be deleted.
Question 7 should be omitted on forms to be served on co-respondents.
78 Question 8 is concerned with applications under Article 12(2) 1978 Order for the court to consider the financial position of the respondent after the divorce. An application should be made in Form M14 FPR 1996 before the decree is made absolute (Rule 2.48 FPR 1996).
Where the petition is not based on 2 years’ separation or 5 years’ separation Question 8 should be deleted. Question 8 should be omitted on forms to be served on co-respondents.
29

Notes – Form M6 cont:
79 Where the petition is not based on 2 years’ separation the reference to that ground in
Question 8 should be deleted.
80 Where the petition is not based on 5 years’ separation the reference to that ground in
Question 8 should be deleted.
81 Question 9 should correspond to the reference to costs in the prayer of the petition. If the petitioner does not request in the prayer that an order for costs be made against the respondent or the respondent and co-respondents, Question 9 should be deleted. If respondents are being asked to pay half costs, Question 9 should be amended to reflect that fact.
82 Where there are no children of the family, Question 10 should be deleted. Question 10 should also be deleted on forms to be served on co-respondents.
83 Question 11 should be deleted where it does not apply.
84 The form must be signed by either the respondent or their legal representative. If the respondent consents to a decree on a two year ground (Question 5), admits adultery
(Question 6) and/or agrees with the Statement of Arrangements for Children (Question
10b) they must sign the form personally.
85 If respondents are legally represented it is not necessary for their address to be included as all further documentation will be served on their solicitor.
86 Solicitors signing on behalf of clients should sign in person rather than endorse the form with the firms name.
30

87 FORM M7
Rule 2.10(3)
AFFIDAVIT OF SERVICE
88
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND, FAMILY DIVISION 89
IN THE COUNTY COURT FOR THE DIVISION OF _______________________ 89
Between Petitioner and and
Respondent
Co-Respondent 90
I 91 , of make
Oath and say:
1. That a sealed copy of the 92 bearing date the day of 20 filed in this court was duly served by me on the said
at on the day of 20 by delivery to the said personally a sealed copy thereof [together with copies of the notices in Forms 5 and 6][Means of knowledge of identity of the person served must be inserted here 93 ].
Sworn, etc

NOTES – FORM M7
87 Where a copy of a petition has been served on a party personally and no
Acknowledgement of Service has been returned to the Matrimonial Office, service may be proved by filing an Affidavit of Service in Form M7 FPR 1996 (Rule 2.10(3) FPR 1996). Order
41 of the Rules of the Supreme Court (Northern Ireland) 1980 and Practice Direction
5/2005 make further provision as to the content and format of affidavits. Affidavits of
Service cannot be relied upon to prove service in circumstances where the sole ground of divorce is 2 years separation.
88 Affidavits of Service must be entitled as per Form M3 FPR 1996.
89 One of the two options should be deleted. In the case of a petition to be set down before the county court the county court division should be inserted.
90 Delete if inapplicable.
91 The Affidavit must state the full name, address, age (i.e. over 18 years old) and occupation of the person serving the papers.
92 Petition or originating summons.
93 The Affidavit must specify the means by which Process Server identified the
Respondent/Co-Respondent/Petitioner/Party-Cited. That may be:
 The presence of the Petitioner/Respondent at time of service who identified the person served;
 Admission by the person served that he/she is the Respondent/Co-
Respondent/Petitioner/Party-Cited coupled with the production of identification.
Identification may include driving licence, passport, pension book, family allowance book, utility bill, bank statement, benefit book etc;
 A photograph. If the photo is a group photo the party who is being served should be clearly marked, and the party must state that he/she is the person in the photograph.
The photograph used for identification must be lodged as an exhibit to the affidavit, and the person who served the papers should sign the photograph on the back;
 Personal knowledge on the part of the Process Server of the Respondent/Co-
Respondent/Petitioner/Party-Cited. In such cases the means of knowledge should be described; or
 The Respondent/Co-Respondent/Petitioner/Party-Cited signing a receipt for the papers.
In such cases the original receipt should be an exhibit to the affidavit and there must be a letter signed by the Petitioner/Respondent stating that he/she recognises the
Respondents/Co-Respondents/Petitioners/Party-Cited’s signature.
32

ANSWERS
Notice of intention to defend must be made by way the return of the Acknowledgement of Service to the Matrimonial Office within 14 days (inclusive of the day of service).
respondent 95
94 A respondent, co-
or partycited’s 96 answer 97 to a petition must be filed within 21 days 98 of the
expiration of the time limited for giving notice of intention to defend.
94 A petitioner may file a reply
to an answer within 14 days 99 of receipt 100 . If a petitioner does not file a reply to an answer he shall upon filing a certificate of readiness be deemed to have denied every material allegation in the answer. No pleadings subsequent to a reply may be filed without leave.
101
If the Answer is more than a simple denial of facts it should contain the facts relied upon by the
Respondent, Co-respondent or Party-Cited. If the Answer is lodged by the Husband or Wife and the facts contained in the original petition regarding children of the family are disputed the Answer should contain the full particulars relied upon by the Respondent.
An answer lodged by the husband or wife must also contain the information required in the case of a petition by paragraph
1(m) of Appendix 2 FPR 1996 (on the grounds of a 5 year separation, the arrangements made or proposed to be made for the support of the respondent, petitioner or children of the family.
102
In an answer and cross petition, the respondent must ask for the prayer of the Petitioner’s petition to be rejected, and the Petition itself to be dismissed. The respondent must also ask the court to dissolve the marriage/to judicially separate the parties/to nullify the marriage/or to declare the
marriage null and void on foot of the Answer and Cross Petition 102 . An answer and cross petition
must contain the information required by paragraph 1 of Appendix 2 FPR 1996.
Service documents must be lodged with Answers, that is, the, M5 103 and M6 104 . The respondent may also lodge an M4 105 .

NOTES – ANSWERS
94 Rule 2.11 FPR 1996
95 Rule 2.14 FPR 1996
96 Rule 2.18 FPR 1996
97 That is a;
 respondent, co-respondent or party cited who wish to defend the petition or to dispute any of the facts alleged in it;
 respondent who wish to make in the proceedings any charge against the petitioner in respect of which the respondent prays for relief, or
 respondent to a petition to which Article 7(1) of the 1978 Order applies (refusal to a five year separation on grounds of financial hardship), wishes to oppose the grant of a decree on the ground mentioned in that paragraph,
98 An answer may be filed at any time before the certificate of readiness has been lodged, notwithstanding that the time for filing the answer has expired (Rule 2.14(2) FPR 1996).
99 Rule 2.15 FPR 1996.
100 A party who files an answer, reply or subsequent pleading must serve a copy on every other party within 7 days (Rule 2.19 FPR 1996)
101 Rule 2.15(3) FPR 1996
102 Rule 2.17 FPR 1996
103 The first line of the M5 should be amended to read “Take Notice that an Answer and
Cross Petition…” and the petitioner’s name and service address should be inserted on the last page. The form should be amended in accordance with the grounds in the pleading.
104 The M6 should be amended at questions 1 and 3 to read Answer and Cross Petition and to refer to the petitioner. The form should be amended in accordance with the grounds in the pleading.
105 Sufficient copies of all documents lodges must be provided for service on all parties.
34

SUPPLEMENTAL PETITION, PLEADINGS AND AMENDMENT OF PETITION
A petition may be amended without leave before it is served but only with leave after it has been served.
106 There is currently no fee for lodging a supplemental petition, however the application for leave carries the normal summons fee.
An application for leave may, if every opposite party consents in writing to the supplemental petition being filed or the petition being amended, be made ex-parte by lodging in the Matrimonial
Office the supplemental petition or a copy of the petition as proposed to be amended, together with the appropriate consent. In any other case, the application should be made by summons to be served, unless the court otherwise directs, on every opposite party.
107
An amendment authorised to be made by Order of the Master under this rule shall be made by filing a copy of the amended petition 108 . An amended petition should be dated the same date as the original petition.
All documents lodged in relation to a second petition 109 must be entitled “Second Petition”.
Furthermore the word “Petition” should be replaced with the words “Second Petition” anywhere that it occurs. Most often this will be omitted from the first line of Form M5 and Box 1 of Form M6.
Paragraph 8 of the petition (other proceedings in relation to the marriage) must include reference to the Order granting leave to file a second petition.
For example “Leave granted by Master/Judge
(insert name) on (date) to lodge a second petition”. A second petition should be dated following the Master’s Order and the case will be allocated a new reference number by the court office.
When lodging an amended petition 110 , changes must be underlined in red. All documents lodged must be entitled “Amended Petition” and the word “Petition” should be replaced with the words
“Amended Petition” anywhere else that it appears. The word “Amended” must also be underlined in red. Paragraph 8 of the petition (other proceedings in relation to the marriage) must include reference to the Order granting leave to file an amended petition.
Forms M5 and M6 should be altered to refer to the amended petition with the words amended petition underlined in red.
Unless the court otherwise directs, a copy of a supplemental or amended petition, together with a copy of the order (if any) made under this rule shall be served on every respondent and corespondent named in the original petition or in the supplemental or amended petition.

NOTES – SUPPLEMENTAL PETITIONS, PLEADINGS AND AMENDMENT OF PETITIONS
106 Rule 2.13(2) FPR 1996
107 The Master may, if he thinks fit, require an application for leave to be supported by an affidavit (Rule 2.13(4) FPR 1996). An order granting leave may if any party has given notice of intention to defend, fix the time within which his answer must be filed or amended and may where the order is made after the certificate of readiness has been lodged, provide for a stay of the hearing until after the certificate has been renewed (Rule 2.13(5) FPR 1996).
108 Rule 2.13(6) FPR 1996
109 Lodged to incorporate grounds/information which could not be relied upon when the first petition was lodged.
110 Amended petitions may only be lodged if the amendment is sought to address a matter which could have been relied upon when the original petition was drafted. Any other amendment must be made by way of a second petition.
36

111 FORM M8
Rule 2.28(2)
CERTIFICATE OF READINESS
112
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND, FAMILY DIVISION 113
IN THE COUNTY COURT FOR THE DIVISION OF _______________________ 113
Between Petitioner and and
Respondent
Co-Respondent
To the Master
Sir,
I/We request that you enter this cause for hearing at 115
I/We certify on the part of the petitioner/respondent (hereinafter called "this party") —
(1) that the requirements of rule 2.28(1) are satisfied;
114
(2) that there are no pending interlocutory proceedings by or against this party;
(3) that this party does not intend to commence any (further) interlocutory proceedings before trial;
(4) that, so far as concerns this party, the cause is ready for trial.
(Signed)
Solicitor for petitioner/respondent

NOTES – FORM M8
111 Rule 2.28 FPR 1996 applies. An application may set down for hearing when service on all respondents has been verified by Masters Order, affidavit of service or an
Acknowledgement of Service and all time limits for lodging Answers and Replies have expired.
In order for applications to be set down for hearing, a loose certificate of readiness together with an indexed and numbered booklet of pleadings must be lodged in the
Matrimonial Office. Applications may be set down for hearing by the Petitioner, any party defending an application or in the case of an undefended application proceeding on the respondents answer, the respondent.
Rule 2.28(2) FPR 1996 makes provision as to the contents of the Book of Pleadings. In general all documents filed in a cause should be photocopied and placed in the pleadings except for certificates and Notice of Proceedings. All copies should be single-sided and clearly legible. The issue date should also be visible on all documents. Pleadings should contain:
 a Certificate of Readiness;
 the Petition;
 any other pleadings (Answers, Replies etc);
 Acknowledgements of Service;
 Affidavits of Service;
 Interlocutory Orders (e.g. Orders deeming service good)
 Statements as to the Arrangements for Children;
 Reports (Medical and Education) verifying information detailed in the Statements as to
Arrangements for Children;
 Legal Aid documents; and
 Statements filed under FPR 2.29(4) (e.g. Notice of Change of Solicitor)
112 The Certificate of Readiness should be entitled as per Form M3 FPR 1996.
113 One of the two options should be deleted. In the case of a petition to be set down before the county court, the county court division should be inserted.
114 Delete if inapplicable.
115 In the case of a petition to be set down before the county court, the desired place of hearing should be inserted.
38

116 FORM M10
Rule 2.52(1)
117 Notice of Application for Decree Nisi to be made Absolute
118
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND, FAMILY DIVISION 119
IN THE COUNTY COURT FOR THE DIVISION OF _______________________ 119
Between Petitioner and and
Respondent
Co-Respondent 120
TAKE NOTICE that the petitioner [or respondent] applies for the decree nisi pronounced in his
(her) favour on the day of 20 , to be made absolute.
Dated this day of 20
(Signed)
121 [Solicitor for the] Petitioner [or Respondent]

NOTES – FORM M10
116 An application for a decree nisi to be made absolute may be made by lodging an application in Form M10 (Rule 2.10(1) FPR 1996). A decree cannot be made absolute before the expiration of six weeks from the day that the order was granted unless the court fixes a shorter period by order (Article 3(6) 1978 Order). For administrative purposes the period between decree nisi and decree absolute is calculated as six weeks and one day, the one day being the day on which the order was granted.
A decree nisi cannot be made absolute unless the court is satisfied:
 that no appeal against the decree and no application for rescission of the decree is pending;
 that no order has been made by the Court of Appeal extending the time for appealing against the decree or, if any such order has been made, that the time so extended has expired;
 that no application to the Court of Appeal for an extension of time for appealing against the decree is pending;
 that no intervention by the Crown Solicitor (Rule 2.49 FPR 1996) or other person (Rule
2.50 FPR 1996) is pending;
 that the court has complied with Article 44(1) of the 1978 Order (restrictions on decrees for dissolution, annulment or separation affecting children) and has not given any direction under Article 44(2) (direction that the decree not be made absolute until the court has made provision for children of the family under the 1995 Order;
 where a certificate has been granted under section 12 of the Administration of Justice
Act 1969 (c.58) (Grant of Certificate by Trial Judge) in respect of the decree—
(i) that no application for leave to appeal directly to the House of Lords is pending;
(ii) that no extension of the time to apply for leave to appeal directly to the House of
Lords has been granted or, if any such extension has been granted, that the time so extended has expired; and
(iii) that the time for any appeal to the Court of Appeal has expired; and
 that the provisions of Article 12(2) to (4) of the 1978 Order (application for the consideration of the financial position of the respondent after the divorce) do not apply or have been complied with (Rule 2.52(2) FPR 1996).
If a notice in Form 10 is lodged more than 12 months after the decree nisi, the Master may require the applicant to file an affidavit accounting for the delay and may make the decree absolute or refer the application to the judge as he sees fit (Rule 2.52 FPR 1996)
117 Notice of an application for a Decree Nisi to be made Absolute must be entitled as per
Form M3 FPR 1996.
40

Notes – Form M10 cont:
118 An application for a decree nisi to be made absolute should be made to the court which made the decree nisi. County court applications should be forwarded to the appropriate county court rather than the High Court.
119 One of the two options should be deleted. In the case of a petition heard by the county court the relevant county court division should be inserted.
120 Delete if inapplicable. If co-respondents were dismissed at the nisi hearing, references to them should be omitted from the Form 10.
121 A Form 10 must be lodged by the person in whose favour the decree nisi was granted
(Rule 2.52(1) FPR 1996). An application to the court for leave, by the person against whom the nisi was pronounced, must be made by way of summons and affidavit (Rule. 2.53(2) FPR
1996).
41

FEES LIST
Up to date fees can be found on www.courtsni.gov.uk

LEGISLATION GUIDE
Legislation
Matrimonial Causes (Northern Ireland) Order 1978 (SI 1978 No. 1045 (NI
15))
Family Law (Miscellaneous Provisions) (Northern Ireland) Order 1984 (SI
1984 No. 1984 (NI 14))
Adoption (Northern Ireland) Order 1987 (SI 1987 No. 2203 (NI 22))
Children (Northern Ireland) Order 1995 (SI 1995 No.755) (NI 2))
Rules of the Supreme Court (Northern Ireland) 1980
Family Proceedings Rules 1996 (SR 1996 No.322)
Council Regulation (EC) No 2201/2003 of 27 November 2003
Concerning Jurisdiction and the Recognition and Enforcement of
Judgments in Matrimonial Matters and the Matters of Parental
Responsibility
- A -
Abridgement of Time
Adultery
Affidavit of Delay
Affidavit of Service
Amended Orders
Amended Petitions
Ancillary Relief
Answer
Appeal
Attachment of Earnings Order
Avoidance of Disposition
Abbreviation
1978 Order
1984 Order
1987 Order
1995 Order
RSC 1980
FPR 1996
Council Regulation
(EC) No 2201/2003
Article 3(6) 1978 Order
Articles 3(2)(a) & 4(1),(2) 1978 Order
Rule 2.8 FPR 1996
Rule 2.52 FPR 1996
Rule 2.10(3) & Form M7 FPR 1996
Order 41 RSC
Order 20, Rule 11 RSC
Rule 2.13 FPR 1996
Part III 1978 Order (Financial Relief for Parties to
Marriage and Children of Family Articles 23
– 42)
Rules 2.55 – 2.73, 3.4 & 3.5 FPR 1996
Rules 2.13, 2.14, 2.17, 2.19 & 2.20 and Appendix 2
FPR 1996
Rules 5.1 & 5.2 FPR 1996
Orders 58 & 59 RSC
Order 105 (VI)(Rules 24 – 34) & Form 49 RSC
Order 39 1978 Order
Rule 2.64 FPR 1996
- C -
Certificate of Readiness
Change of Solicitor/Solicitor to Come Off
Record
Children of the Family
Committal
Conciliation
Consent Order
Contact Order
Copy Documents
Co-Respondent
Costs
Crown Solicitor (Intervention by)
Rule 2.28 & Form M8 FPR 1996
Order 67 RSC
Article 1 1978 Order
Order 52 RSC
Articles 8 & 43 1978 Order
Rule 2.7 FPR 1996
Article 35 1978 Order
Rule 2.72 FPR 1996
Article 8 1995 Order
Part IV, Form C1 FPR 1996
Rule 7.12 FPR 1996
Rule 2.8 FPR 1996
Rules 7.2 & 8.10 FPR 1996
Article 10 1978 Order
43

Death (Presumption of)
Decree Absolute
Decree Nisi
Desertion
Disability
Discontinuance (Notice of)
Discovery
Dismiss Petition
Domicile
Evidence
Failure to Maintain
Financial Provision
Five Years Separation
Grounds for Divorce/Judicial Separation
Injunctions
Inspection of Court Documents
Interlocutory Orders
Interrogatories
Judicial Separation
Judgment Summons
Jurisdiction
Late Answer
Marriage Certificate
Medical Examination
Notice Party
Nullity
Originating Summons
Rule 2.49 FPR 1996
- D -
Articles 21 & 49(4) 1978 Order
Article 3(6) 1978 Order
Rules 2.52 & 2.53 FPR 1996
Article 3(6) 1978 Order
Articles 3(2)(c) & 4(5) 1978 Order
Rules 6.1 – 6.6 FPR 1996
Rule 2.2 FPR 1996
Rules 2.24 – 2.25 FPR 1996
Orders 24 & 26 RSC
Article 51 1978 Order
Article 49 1978 Order
- E -
Article 52 1978 Order
Rules 2.40 – 2.45 & 2.61 – 2.62 FPR 1996
Orders 38 & 39 RSC
- F -
Article 29 1978 Order
Rules 3.1, 3.2 & 3.3 FPR 1996
Articles 29 - 32 & 39 1978 Order
Articles 3(2)(e), 4(6) 1978 Order
Appendix 2(m) & (n) FPR 1996
- G -
Articles 3 & 4 1978 Order
- I -
Order 29 RSC
Rule 7.12 FPR 1996
Order 29 RSC
Rule 2.25 FPR 1996
Order 26 RSC
- J -
Articles 3, 4 & 19 1978 Order
Rules 8.29 – 8.31 & Form 25 FPR 1996
Article 49 1978 Order
Appendix 2(d) FPR 1996
Articles 3,16,17&19 Council Regulation (EC) No
2201/2003
- L -
Rules 2.14(2) & 2.16 FPR 1996
- M -
Rule 2.6(2) FPR 1996
Rule 2.26 & 2.27 FPR 1996
- N -
Rule 2.8(3) FPR 1996
Articles 13 – 18 & 22 1978 Order
Rules 2.1, 2.26, 2.27 & 6.5 FPR 1996
- O -
Rule 3.1 FPR 1996
Order 28 RSC
- P -
44

Particulars
Party-Cited
Prohibited Degrees of Relationship
Prohibited Steps Order
Reciprocating Country
Registration
Rescinding a Decree Nisi
Residence Order
Second Petitions
Service
Setting Down
Solicitor
– Change/Come Off Record
Specific Issue Order
Subpoena
Supplemental Petitions
Time
Transfers
Unreasonable Behaviour
Rule 2.22 FPR 1996
Rule 2.18 FPR 1996
Article 18 1984 Order
Article 54(2) 1987 Order
Article 8 1995 Order
Part IV, Form C1 FPR 1996
- R -
Order 71 RSC
Orders 71 & 105 RSC
Article 11 1978 Order
Rules 2.47 & 2.51 FPR 1996
Article 8 1995 Order
Part IV, Form C1 FPR 1996
- S -
Rules 2.6(3) & 2.13 FPR 1996
Rule 2.9 – 2.10, 4.5 FPR 1996
Orders 3 & 18 RSC
Rule 2.31 FPR 1996
Order 67 RSC
Article 8 1995 Order
Part IV, Form C1 FPR 1996
Rule 2.44 FPR 1996
Order 32, Rule 9 & Forms 24 & 25 RSC
Rules 2.6(3) & 2.13 FPR 1996
- T -
Articles 3(6) & 5 1978 Order
Order 3 RSC
Rules 2.14(4), 2.23 & 2.32 FPR 1996
- U -
Articles 3(2)(b) & 4(3)
Rule 2.8(3) FPR 1996
45