SCHEDULES

SCHEDULE 29Minor and consequential amendments: Northern Ireland

Matrimonial Causes (Northern Ireland) Order 1978 (S.I. 1978/1045 (N.I. 15))

28

1

Insert after Article 2(4)—

4A

References in this Order to the formation of a civil partnership by a person include references to a civil partnership which is by law void or voidable.

29

In Article 13 (grounds on which marriage is void), at the end of paragraph (1)(d) insert “ or a civil partner ”.

30

1

Amend Article 17 (marriages governed by foreign law or celebrated abroad under certain enactments or common law) as follows.

2

In paragraph (1), at the beginning insert “ Subject to paragraph (3) ”.

3

After paragraph (2) insert—

3

No marriage is to be treated as valid by virtue of paragraph (1) if, at the time when it purports to have been celebrated, either party was already a civil partner.

31

1

Amend Article 30 (duration of continuing financial provision orders in favour of party to marriage, and effect of remarriage) as follows.

2

In paragraph (1)(a) and (b) after “remarriage of” insert “ , or formation of a civil partnership by, ”.

3

In paragraph (2)—

a

after “remarriage of” insert “ , or formation of a civil partnership by, ”, and

b

after “the remarriage” insert “ or formation of the civil partnership ”.

4

In paragraph (3), after “remarries whether at any time before or after the commencement of this Article”, insert “ or forms a civil partnership ”.

5

In the heading to Article 30, after “remarriage” insert “ or formation of civil partnership ”.

32

In Article 37 (alteration of agreements by court during lives of parties), in paragraph (4)(a) and (b), after “remarriage of” insert “ , or formation of a civil partnership by, ”.

33

1

Amend Article 40 (orders for repayment in certain cases of sums paid after cessation of order by reason of remarriage) as follows.

2

In paragraph (1)—

a

in sub-paragraph (a), after “remarriage of” insert “ , or formation of a civil partnership by, ”, and

b

in sub-paragraph (b), after “remarriage” insert “ or formation of the civil partnership ”.

3

In paragraph (6)—

a

in sub-paragraph (a), after “remarriage of” insert “ , or formation of a civil partnership by, ”, and

b

in the words following sub-paragraph (b), after “had remarried” insert “ or formed a civil partnership ”.

4

In the heading to Article 40, after “remarriage” insert “ or formation of civil partnership ”.