X
| Jurisdiction | Northern Ireland |
| Judge | O'Hara J |
| Judgment Date | 17 August 2017 |
| Neutral Citation | [2017] NIFam 12 |
| Court | Family Division (Northern Ireland) |
| Date | 17 August 2017 |
1
Neutral Citation No: [2017] NIFam 12
Judgment: approved by the Court for handing down
(subject to editorial corrections)*
Ref: OHA10384
Delivered: 17/8/2017
2014/124435
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
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FAMILY DIVISION
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X
Petitioner
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O’HARA J
Introduction
[1] The applicant is a gay man who lives and works in Northern Ireland. He
married his husband in London in September 2014, a same sex marriage recognised
in law by the Marriage (Same Sex Couples) Act 2013 (“the 2013 Act”). That Act
applies to England and Wales. It does not extend to Northern Ireland save that in
Schedule 2 it is provided that a same sex marriage is treated for the purposes of the
law of Northern Ireland as a civil partnership in accordance with the Civil
Partnership Act 2004.
[2] The result of this is that X and his partner are married but the law of
Northern Ireland where they live does not recognise their marriage. In these
proceedings X seeks a declaration that his marriage in London is a valid and
subsisting marriage under the law of Northern Ireland pursuant to Article 31 of the
Matrimonial and Family Proceedings (NI) Order 1989 (“the 1989 Order”). His
fundamental contention is that the failure to recognise his marriage as a valid and
subsisting marriage when domiciled in Northern Ireland contravenes his rights
under the European Convention on Human Rights (“the Convention”). In the event
that the relevant provision of Schedule 2 of the 2013 Act cannot be read and given
effect to in a way which is compatible with his rights, the petitioner seeks a
declaration that that statutory provision is incompatible with the Convention.
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