Application of Article 3 to prior marriages4
1
Article 3 shall be deemed to apply, and always to have applied, to any marriage entered into before commencement which is not excluded by paragraph (2) or (3).
2
That Article does not apply to a marriage a party to which has (before commencement) entered into a later marriage which either—
a
is valid apart from this Article but would be void if Article 3 applied to the earlier marriage; or
b
is valid by virtue of this Article.
3
That Article does not apply to a marriage which has been annulled before commencement, whether by a decree granted in Northern Ireland or by an annulment obtained elsewhere and recognised in Northern Ireland at commencement.
4
An annulment of a marriage resulting from legal proceedings begun before commencement shall be treated for the purposes of paragraph (3) as having taken effect before that time.
5
For the purposes of paragraphs (3) and (4) a marriage which has been declared to be invalid by a court of competent jurisdiction in any proceedings concerning either the validity of the marriage or any right dependent on its validity shall be treated as having been annulled.
6
Nothing in Article 3, in its application to marriages entered into before commencement—
a
gives or affects any entitlement to an interest—
i
under the will of, or on the intestacy of, a person who died before commencement; or
ii
under a settlement or other disposition of property made before that time (otherwise than by will);
b
gives or affects any entitlement to a benefit, allowance, pension or other payment—
i
payable before, or in respect of a period before, commencement; or
ii
payable in respect of the death of a person before that time;
c
affects tax in respect of a period or event before commencement; or
d
affects the succession to any dignity or title of honour.
7
In this Article “commencement” means the coming into operation of this Order.