The Family Law (Northern Ireland) Order 1993

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The Family Law (Northern Ireland) Order 1993

Statutory Instruments

NORTHERN IRELAND

Made

23 rd June 1993

Coming into operation in accordance with Article 1(2) and (3)

At the Court at Buckingham Palace, the 23 rd day of June 1993

Present,

The Queen’s Most Excellent Majesty in Council

Whereas a draft of this Order has been approved by a resolution of each House of Parliament:

Now, therefore, Her Majesty, in exercise of the powers conferred by paragraph 1 of Schedule 1 to the Northern Ireland Act 1974(1) and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—

Introductory

Title and commencement

1.—(1) This Order may be cited as the Family Law (Northern Ireland) Order 1993.

(2) Subject to paragraph (3) , this Order shall come into operation on the expiration of 2 months from the day on which the Order is made.

(3) Articles 5 to 11 and 15 shall come into operation on such day or days as the Head of the Department of Finance and Personnel may by order appoint.

(4) In the application of any amendment made by this Order which has effect in relation to orders made, confirmed or registered by a court, it is immaterial whether the making, confirmation or registration occurred before or after the coming into operation of the amendment.

(5) An order under paragraph (3) may also appoint a day for the coming into operation of any provision of an order made under section 38(2) of the Northern Ireland Constitution Act 1973(2) as necessary or expedient in consequence of this Order which appears to the Head of the Department of Finance and Personnel to be consequential on any provision of this Order brought into operation by the order.

Interpretation

2.—(1) The Interpretation Act (Northern Ireland) 1954(3) shall apply to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly.

(2) In this Order “statutory provision” has the meaning given in section 1(f) of the Interpretation Act (Northern Ireland) 1954.

Marriage

Abolition of requirement for press notices in respect of marriages in register offices

3. The requirement in section 3 of the Marriage Law (Ireland) Amendment Act 1863(4) for notices of certain marriages intended to be contracted in the office of a registrar to be published on 2 consecutive weeks in a newspaper circulating in the district in which such marriage is intended is hereby abolished; and, accordingly, section 41 of the Matrimonial Causes and Marriage Law (Ireland) Amendment Act 1870(5) is hereby repealed.

Marriage between certain persons related by affinity not to be void

4.—(1) Article 18 of the Family Law (Miscellaneous Provisions) (Northern Ireland) Order 1984(6) (prohibited degrees of relationship) shall have effect subject to the following provisions of this Article, being provisions so as to permit—

(a) the marriage of a man and a woman who is the grandmother of a former spouse of his or is a former spouse of his grandson;

(b) the marriage of a woman and a man who is the grandfather of a former spouse of hers or is a former spouse of her grand-daughter; and

(2) In paragraph (1) after “column of” where it twice occurs there shall be inserted “Part I of”.

(3) In paragraph (1) , in the Table,—

(a) after “Table” there shall be inserted—

“PART IProhibited degrees of relationship;”

(b) in the first column the words from “Wife’s mother” to “Daughter’s son’s wife” are hereby repealed;

(d) at the end there shall be added—

“PART IIDegrees of affinity referred to in paragraphs (2 A) and (2 B)

PART IIIDegrees of affinity referred to in paragraphs (2 C) and (2 D)

(4) In paragraph (2)(c) at the beginning there shall be inserted “in Part II,”.

(5) After paragraph (2) there shall be inserted—

“(2 A) Subject to paragraph (2 B) , a marriage solemnized between a man and any of the persons mentioned in the first column of Part II of that Table, or between a woman and any of the persons mentioned in the second column of that Part II, is void.

(2 B) Any such marriage as is mentioned in paragraph (2 A) is not void by reason only of affinity if both the parties to the marriage have attained the age of 21 at the time of the marriage and the younger party has not at any time before attaining the age of 18 been a child of the family in relation to the other party.

(2 C) Subject to paragraph (2 D) , a marriage solemnized between a man and any of the persons mentioned in the first column of Part III of that Table, or between a woman and any of the persons mentioned in the second column of that Part III, is void.

(2 D) Any such marriage as is mentioned in paragraph (2 C) is not void by reason only of affinity if both the parties to the marriage have attained the age of 21 at the time of the marriage and...

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