Part III Declarations of Status
55 Declarations as to marital status.
1
Subject to the following provisions of this section, any person may apply to F1 the High Court or F3the family court for one or more of the following declarations in relation to a marriage specified in the application, that is to say—
a
a declaration that the marriage was at its inception a valid marriage;
b
a declaration that the marriage subsisted on a date specified in the application;
c
a declaration that the marriage did not subsist on a date so specified;
d
a declaration that the validity of a divorce, annulment or legal separation obtained in any country outside England and Wales in respect of the marriage is entitled to recognition in England and Wales;
e
a declaration that the validity of a divorce, annulment or legal separation so obtained in respect of the marriage is not entitled to recognition in England and Wales.
2
A court shall have jurisdiction to entertain an application under subsection (1) above if, and only if, either of the parties to the marriage to which the application relates-
a
is domiciled in England and Wales on the date of the application, or
b
has been habitually resident in England and Wales throughout the period of one year ending with that date, or
c
died before that date and either—
i
was at death domiciled in England and Wales, or
ii
had been habitually resident in England and Wales throughout the period of one year ending with the date of death.
3
Where an application under subsection (1) above is made F2to a court by any person other than a party to the marriage to which the application relates, the court shall refuse to hear the application if it considers that the applicant does not have a sufficient interest in the determination of that application.