Search Legislation

Marriage (Same Sex Couples) Act 2013

 Help about what version

What Version

  • Latest available (Revised)
  • Original (As enacted)
 Help about advanced features

Advanced Features

Changes over time for: Cross Heading: Amendment of the Domicile and Matrimonial Proceedings Act 1973

 Help about opening options

Changes to legislation:

There are currently no known outstanding effects for the Marriage (Same Sex Couples) Act 2013, Cross Heading: Amendment of the Domicile and Matrimonial Proceedings Act 1973. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Amendment of the Domicile and Matrimonial Proceedings Act 1973E+W

5E+WThe Domicile and Matrimonial Proceedings Act 1973 is amended as follows.

Commencement Information

I1Sch. 4 para. 5 in force at 31.10.2013 for specified purposes by S.I. 2013/2789, art. 2(b)

I2Sch. 4 para. 5 in force at 13.3.2014 in so far as not already in force by S.I. 2014/93, art. 3(j)(i)

6(1)Section 5 (jurisdiction of High Court and county courts) is amended in accordance with this paragraph.E+W

(2)Subsection (1): after “entertain” insert “ any of the following proceedings in relation to a marriage of a man and a woman ”.

(3)After subsection (5) insert—

(5A)Schedule A1 (jurisdiction in relation to marriage of same sex couples) has effect..

(4)Subsection (6): after “Wales” insert “ (whether the proceedings are in respect of the marriage of a man and a woman or the marriage of a same sex couple) ”.

Commencement Information

I3Sch. 4 para. 6 in force at 13.3.2014 by S.I. 2014/93, art. 3(j)(i)

7E+WSection 6 (miscellaneous amendments, transitional provision and savings), subsection (3): after “Act” (in the first place) insert “ , or by virtue of Schedule A1 to this Act, ”.

Commencement Information

I4Sch. 4 para. 7 in force at 13.3.2014 by S.I. 2014/93, art. 3(j)(i)

8E+WBefore Schedule 1 insert— SCHEDULE A1 Jurisdiction in relation to marriage of same sex couples

1Introduction

This Schedule shall have effect, subject to section 6(3) and (4), with respect to the jurisdiction of the court to entertain any of the following proceedings in relation to a marriage of a same sex couple—

(a)proceedings for divorce, judicial separation or nullity of marriage;

(b)proceedings for an order which ends a marriage on the ground that one of the couple is dead; and

(c)proceedings for a declaration of validity.

2Divorce, judicial separation or annulment

(1)The court has jurisdiction to entertain proceedings for divorce or judicial separation if (and only if)—

(a)the court has jurisdiction under regulations under paragraph 5,

(b)no court has, or is recognised as having, jurisdiction under regulations under paragraph 5 and either of the married same sex couple is domiciled in England and Wales on the date when the proceedings are begun, or

(c)the following conditions are met—

(i)the two people concerned married each other under the law of England and Wales,

(ii)no court has, or is recognised as having, jurisdiction under regulations under paragraph 5, and

(iii)it appears to the court to be in the interests of justice to assume jurisdiction in the case.

(2)The court has jurisdiction to entertain proceedings for nullity of marriage if (and only if)—

(a)the court has jurisdiction under regulations under paragraph 5,

(b)no court has, or is recognised as having, jurisdiction under regulations under paragraph 5 and either of the married same sex couple—

(i)is domiciled in England and Wales on the date when the proceedings are begun, or

(ii)died before that date and either was at death domiciled in England and Wales or had been habitually resident in England and Wales throughout the period of 1 year ending with the date of death, or

(c)the following conditions are met—

(i)the two people concerned married each other under the law of England and Wales,

(ii)no court has, or is recognised as having, jurisdiction under regulations under paragraph 5, and

(iii)it appears to the court to be in the interests of justice to assume jurisdiction in the case.

(3)At any time when proceedings are pending in respect of which the court has jurisdiction by virtue of sub-paragraph (1) or (2) (or this sub-paragraph), the court also has jurisdiction to entertain other proceedings, in respect of the same marriage, for divorce, judicial separation or nullity of marriage, even though that jurisdiction would not be exercisable under subsection (1) or (2).

3Presumption of death order

The court has jurisdiction to entertain proceedings for an order which ends a marriage on the ground that one of the couple is dead on an application made by the other of the couple (“the applicant”) if (and only if)—

(a)at the time the application is made, the High Court does not have jurisdiction to entertain an application by the applicant under section 1 of the Presumption of Death Act 2013 for a declaration that the applicant's spouse is presumed to be dead, and

(b)the two people concerned married each other under the law of England and Wales and it appears to the court to be in the interests of justice to assume jurisdiction in the case.

4Declaration of validity

The court has jurisdiction to entertain an application for a declaration of validity if (and only if)—

(a)either of the parties to the marriage to which the application relates—

(i)is domiciled in England and Wales on the date of the application,

(ii)has been habitually resident in England and Wales throughout the period of 1 year ending with that date, or

(iii)died before that date and either was at death domiciled in England and Wales or had been habitually resident in England and Wales throughout the period of 1 year ending with the date of death, or

(b)the two people concerned married each other under the law of England and Wales and it appears to the court to be in the interests of justice to assume jurisdiction in the case.

5Power to make provision corresponding to EC Regulation 2201/2003

(1)The Lord Chancellor may by regulations make provision—

(a)as to the jurisdiction of courts in England and Wales in proceedings for the divorce of, or annulment of the marriage of, a same sex couple or for judicial separation of a married same sex couple where one of the couple—

(i)is or has been habitually resident in a member State,

(ii)is a national of a member State, or

(iii)is domiciled in a part of the United Kingdom or the Republic of Ireland, and

(b)as to the recognition in England and Wales of any judgment of a court of another member State which orders the divorce of, or annulment of a marriage of, a same sex couple or the judicial separation of a married same sex couple.

(2)The regulations may in particular make provision corresponding to that made by Council Regulation (EC) No 2201/2003 of 27th November 2003 in relation to jurisdiction and the recognition and enforcement of judgments in matrimonial matters.

(3)The regulations may provide that for the purposes of the regulations “member State” means—

(a)all member States with the exception of such member States as are specified in the regulations, or

(b)such member States as are specified in the regulations.

(4)The regulations may make provision under sub-paragraph (1)(b) which applies even if the date of the divorce, annulment or judicial separation is earlier than the date on which this paragraph comes into force.

(5)Regulations under this paragraph are to be made by statutory instrument.

(6)A statutory instrument containing regulations under this paragraph may not be made unless a draft of the statutory instrument containing the order or regulations has been laid before, and approved by resolution of, each House of Parliament.

6Interpretation

In this Schedule “declaration of validity” means—

(a)a declaration as to the validity of a marriage,

(b)a declaration as to the subsistence of a marriage, or

(c)a declaration as to the validity of a divorce, annulment or judicial separation obtained outside England and Wales in respect of a marriage..

Commencement Information

I5Sch. 4 para. 8 in force at 31.10.2013 for specified purposes by S.I. 2013/2789, art. 2(b)

I6Sch. 4 para. 8 in force at 13.3.2014 in so far as not already in force by S.I. 2014/93, art. 3(j)(i)

9E+WSchedule 1 (staying of matrimonial proceedings in England and Wales: interpretation), paragraph 2: after “kinds” insert “ (whether relating to a marriage of a man and a woman or a marriage of a same sex couple) ”.

Commencement Information

I7Sch. 4 para. 9 in force at 13.3.2014 by S.I. 2014/93, art. 3(j)(i)

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

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

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

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

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
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. 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
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources