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The Family Law (Northern Ireland) Order 1993


This is the original version (as it was originally made).

Declarations as to degree of affinity

5.—(1) The Matrimonial and Family Proceedings (Northern Ireland) Order 1989(1) shall have effect subject to the following provisions of this Article.

(2) After Article 31 there shall be inserted—

Declarations as to degree of affinity

31A.(1) This Article applies in relation to any marriage mentioned in Article 18(2A) of the Family Law (Miscellaneous Provisions) (Northern Ireland) Order 1984.

(2) Either of the persons to be married may apply to the court for a declaration that, both those persons having attained the age of 21 and the younger of those persons not having at any time before attaining the age of 18 been a child of the family in relation to the other, there is no impediment of affinity to the solemnization of the marriage.

(3) A court shall have jurisdiction to entertain an application under paragraph (1) if (and only if)—

(a)either of the parties to the intended marriage—

(i)is domiciled in Northern Ireland on the date of the application; or

(ii)has been habitually resident in Northern Ireland throughout the period of one year ending with that date; and

(b)both of the parties to the intended marriage are domiciled in the United Kingdom.

(4) In this Article “child of the family” has the same meaning as in Article 18(2E) of the Order of 1984..

(3) In Article 36(5)(a) (rules of court) and Article 40(1)(a) (meaning of court) after “Article 31” there shall be inserted “or 31A”.

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