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.