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The Family Law (Northern Ireland) Order 1993

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This is the original version (as it was originally made).

Marriage

Abolition of requirement for press notices in respect of marriages in register offices

3.  The requirement in section 3 of the Marriage Law (Ireland) Amendment Act 1863(1) for notices of certain marriages intended to be contracted in the office of a registrar to be published on 2 consecutive weeks in a newspaper circulating in the district in which such marriage is intended is hereby abolished; and, accordingly, section 41 of the Matrimonial Causes and Marriage Law (Ireland) Amendment Act 1870(2) is hereby repealed.

Marriage between certain persons related by affinity not to be void

4.—(1) Article 18 of the Family Law (Miscellaneous Provisions) (Northern Ireland) Order 1984(3) (prohibited degrees of relationship) shall have effect subject to the following provisions of this Article, being provisions so as to permit—

(a)the marriage of a man and a woman who is the grandmother of a former spouse of his or is a former spouse of his grandson;

(b)the marriage of a woman and a man who is the grandfather of a former spouse of hers or is a former spouse of her grand-daughter; and

(c)under certain conditions, the marriage of persons related in certain other degrees of affinity.

(2) In paragraph (1) after “column of” where it twice occurs there shall be inserted “Part I of”.

(3) In paragraph (1), in the Table,—

(a)after “Table” there shall be inserted—

PART IProhibited degrees of relationship;

(b)in the first column the words from “Wife’s mother” to “Daughter’s son’s wife” are hereby repealed;

(c)in the second column the words from “Husband’s father” to “Daughter’s daughter’s husband” are hereby repealed;

(d)at the end there shall be added—

PART IIDegrees of affinity referred to in paragraphs (2A) and (2B)

Daughter of former wifeSon of former husband
Former wife of fatherFormer husband of mother
Former wife of father’s fatherFormer husband of father’s mother
Former wife of mother’s fatherFormer husband of mother’s mother
Daughter of son of former wifeSon of son of former husband
Daughter of daughter of former wifeSon of daughter of former husband

PART IIIDegrees of affinity referred to in paragraphs (2C) and (2D)

Mother of former wifeFather of former husband
Former wife of sonFormer husband of daughter.

(4) In paragraph (2)(c) at the beginning there shall be inserted “in Part II,”.

(5) After paragraph (2) there shall be inserted—

(2A) Subject to paragraph (2B), a marriage solemnized between a man and any of the persons mentioned in the first column of Part II of that Table, or between a woman and any of the persons mentioned in the second column of that Part II, is void.

(2B) Any such marriage as is mentioned in paragraph (2A) is not void by reason only of affinity if both the parties to the marriage have attained the age of 21 at the time of the marriage and the younger party has not at any time before attaining the age of 18 been a child of the family in relation to the other party.

(2C) Subject to paragraph (2D), a marriage solemnized between a man and any of the persons mentioned in the first column of Part III of that Table, or between a woman and any of the persons mentioned in the second column of that Part III, is void.

(2D) Any such marriage as is mentioned in paragraph (2C) is not void by reason only of affinity if both the parties to the marriage have attained the age of 21 at the time of the marriage and the marriage is solemnized—

(a)in the case of a marriage between a man and the mother of a former wife of his, after the death of both the former wife and the father of the former wife;

(b)in the case of a marriage between a man and the former wife of his son, after the death of both his son and the mother of his son;

(c)in the case of a marriage between a woman and the father of a former husband of hers, after the death of both the former husband and the mother of the former husband;

(d)in the case of a marriage between a woman and a former husband of her daughter, after the death of both her daughter and the father of her daughter.

(2E) In this Article “child of the family”, in relation to any person, means a child who has lived in the same household as that person and been treated by that person as a child of his family..

(6) In paragraph (3) for “paragraph (1) applies” there shall be substituted “paragraph (1), (2A) or (2C) applies or a marriage to which paragraph (2B) or (2D) applies”.

(7) Nothing in this Article shall affect any marriage solemnized before this Article comes into operation.

Declarations as to degree of affinity

5.—(1) The Matrimonial and Family Proceedings (Northern Ireland) Order 1989(4) 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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