Part 2

Parenthood in cases involving assisted reproduction

References to parties to marriage or civil partnership

Meaning of references to parties to a marriage
49
1
The references in sections 35 to 47 to the parties to a marriage at any time there referred to—
a
are to the parties to a marriage subsisting at that time, unless a judicial separation was then in force, but
b
include the parties to a void marriage if either or both of them reasonably believed at that time that the marriage was valid; and for the purposes of those sections it is to be presumed, unless the contrary is shown, that one of them reasonably believed at that time that the marriage was valid.
2
In subsection (1)(a) “judicial separation” includes a legal separation obtained in a country outside the British Islands and recognised in the United Kingdom.