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The Matrimonial and Family Proceedings (Northern Ireland) Order 1989


This is the original version (as it was originally made).

General provisions as to the making and effect of declarations

34.—(1) Where on an application for a declaration under this Part the truth of the proposition to be declared is proved to the satisfaction of the court, the court shall make that declaration unless to do so would manifestly be contrary to public policy.

(2) Any declaration made under this Part shall be binding on the Crown and all other persons.

(3) The court, on the dismissal of an application for a declaration under this Part, shall not have power to make any declaration for which an application has not been made.

(4) No declaration which may be applied for under this Part may be made otherwise than under this Part by any court.

(5) No declaration may be made by any court, whether under this Part or otherwise—

(a)that a marriage was at its inception void;

(b)that any person is or was illegitimate.

(6) Nothing in this Part shall affect the powers of any court to grant a decree of nullity of marriage.

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