/ Divorce / What evidence is needed?

What evidence do I need for a divorce?

If your ex decides to contest the divorce, or you both disagree about how to deal with finances or children, you will have to gather together evidence to present to the court. 

Such evidence could include various certificates, bank statements, invoices, payslips, accounts, letters, emails, etc.

Disclaimer

This guide outlines general topics you should be thinking about if you want to get a divorce in Northern Ireland. But it is not legal advice. If you need legal advice, you should contact a specialist divorce solicitor for advice on your specific circumstances.

What evidence do I need for a divorce?

Right from the very outset, when you start considering divorce, you should be mindful of the evidence that you might need.

This is in addition to what we have spoken about already, e.g. marriage certificate, birth certificates, etc.

If there is a chance that your partner will contest the divorce, you may need to have evidence to prove the ground (or "fact") on which you are basing your divorce (e.g. Unreasonable Behaviour, Adultery, etc).

This could vary hugely, from doctors notes to Whatsapp messages, from receipts/invoices to Facebook posts/emails.

Remember also, even if your partner consents to the divorce, they may be more difficult to deal with when it comes to sorting out the financial settlement (which often comes after the legal divorce process).

Useful evidence when it comes to that part of the process could include:

  • bank statements
  • bills/invoices
  • correspondence,
  • income statements
  • tax documentation
  • accounts
  • mortgage documents
  • share certificates, and so on.

The other thing to be mindful of, during a divorce is the evidence that you are creating.

At some point in the proceedings, if an issue is in dispute, the other side can request discovery of various information (sometimes this can include information that you might think is private).

So be careful about what you write in Facebook posts, Whatsapp messages, emails, etc.

Think twice before making any public statements that might have an impact on your evidence to the court.

Everyone hopes that their divorce and financial settlements go smoothly.

But for some people that simply doesn’t happen – and the last thing you want is for an ill-judged Facebook post to cost you work against you in court.

The above article is part of our guide on how to get a divorce in Northern Ireland.

If you are thinking about getting a divorce, you should get in touch with a Northern Ireland specialist divorce solicitor who will be able to provide advice tailored to your own personal circumstances.

If you have any questions, you are very welcome to get in touch.

All the best,

The Team @ Lightlaw
Every effort is made to keep this guide up to date. Although it is not to be regarded as legal advice, we strive to make sure the information is helpful, accurate and practical. If you are a Northern Ireland divorce solicitor and have spotted an inaccuracy, you can submit a suggested change.
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