Search Legislation

The Family Law (Northern Ireland) Order 1993

Status:

This is the original version (as it was originally made).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

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources