Family Law (Northern Ireland) Order 1993
| Jurisdiction | UK Non-devolved |
1993No. 1576 (N.I. 6)
NORTHERN IRELAND
The Family Law
(Northern Ireland) Order 1993
23rdJune1993
ARRANGEMENT OF ORDER
Article
Introductory
1. Title and commencement.
2. Interpretation.
Marriage
3. Abolition of requirement for press notices in respect of marriages in register offices.
4. Marriage between certain persons related by affinity not to be void.
5. Declarations as to degree of affinity.
Maintenance enforcement
6. Orders for periodical payment in the High Court and divorce county courts.
7. Orders for periodical payment in courts of summary jurisdiction.
8. Variation of orders for periodical payment made under the Domestic Proceedings (Northern Ireland) Order 1980.
9. Interest on, and remission of, arrears and supplementary provision for payment by instalments.
10. Amendment of orders transferred under s. 102 of the Social Security Administration (Northern Ireland) Act 1992.
11. Amendments relating to registered or confirmed maintenance orders.
Miscellaneous
12. Family proceedings rules.
13. Transfer of certain functions to the Lord Chancellor.
14. Personal protection orders and exclusion orders.
15. Oral testimony in divorce.
16. Minor and consequential amendments and repeals.
SCHEDULES:
Schedule 1 - Amendments relating to maintenance orders registered in or confirmed by courts of summary jurisdiction or registered in the High Court.
Schedule 2 - The Northern Ireland Family Proceedings Rules Committee.
Schedule 3 - Functions transferred by Article 13.
Schedule 4 - Minor and consequential amendments.
Schedule 5 - Repeals.
At the Court at Buckingham Palace, the 23rd 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( a) 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
(a) 1974 c. 28
coming into operation of any provision of an order made under section 38(2) of the Northern Ireland Constitution Act 1973( a) 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 orderInterpretation
2.-(1) The Interpretation Act (Northern Ireland) 1954( b) 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( c) 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( d) 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( e) (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
(c) under certain conditions, the marriage of persons related in certain other degrees of affinity.
(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 I
Prohibited degrees of relationship;"
(b) in the first column the words from "Wife's mother" to
(a) 1973 c. 36
(b) 1954 c. 33 (N.I.)
(c) 1863 c. 27
(d) 1870 c. 110
(e) 1984 NI 14
"Daughter's son's wife" are hereby repealed(c) in the second column the words from "Husband's father" to "Daughter's daughter's husband" are hereby repealed;
(d) at the end there shall be added-
"PART II
Degrees of affinity referred to in paragraphs (2A) and (2B)
Daughter of former wife Son of former husband
Former wife of father Former husband of mother
Former wife of father's father Former husband of father's mother
Former wife of mother's father Former husband of mother's mother
Daughter of son of former wife Son of son of former husband
Daughter of daughter of former wife Son of daughter of former husband
PART III
Degrees of affinity referred to in paragraphs (2C) and (2D)
Mother of former wife Father of former husband
Former wife of son Former husband of daughter"
(4) In paragraph (2)(c) at the beginning there shall be inserted "in Part II,".
(5) After paragraph (2) there shall be inserted-
"(2A) Subject to paragraph (2B), 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.
(2B) Any such marriage as is mentioned in paragraph (2A) 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.
(2C) Subject to paragraph (2D), 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.
(2D) Any such marriage as is mentioned in paragraph (2C) 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 marriage is solemnized-
(a) in the case of a marriage between a man and the mother of a former wife of his, after the death of both the former wife and the father of the former wife;
(b) in the case of a marriage between a man and the formerwife of his son, after the death of both his son and the mother of his son;
(c) in the case of a marriage between a woman and the father of a former husband of hers, after the death of both the former husband and the mother of the former husband;
(d) in the case of a marriage between a woman and a former husband of her daughter, after the death of both her daughter and the father of her daughter.
(2E) In this Article "child of the family", in relation to any person, means a child who has lived in the same household as that person and been treated by that person as a child of his family.".
(6) In paragraph (3) for "paragraph (1) applies" there shall be substituted "paragraph (1), (2A) or (2C) applies or a marriage to which paragraph (2B) or (2D) applies".
(7) Nothing in this Article shall affect any marriage solemnized before this Article comes into operation.
Declarations as to degree of affinity
5.-(1) The Matrimonial and Family Proceedings (Northern Ireland) Order 1989( a) shall have effect subject to the following provisions of this Article.
(2) After Article 31 there shall be inserted-
"Declarations as to degree of affinity
31A.-(1) This Article applies in relation to any marriage mentioned in Article 18(2A) of the Family Law (Miscellaneous Provisions) (Northern Ireland) Order 1984.
(2) Either of the persons to be married may apply to the court for a declaration that, both those persons having attained the age of 21 and the younger of those persons not having at any time before attaining the age of 18 been a child of the family in relation to the other, there is no impediment of affinity to the solemnization of the marriage.
(3) A court shall have jurisdiction to entertain an application under paragraph (1) if (and only if)-
(a) either of the parties to the intended marriage-
(i) is domiciled in Northern Ireland on the date of the application; or
(ii) has been habitually resident in Northern Ireland throughout the period of one year ending with that date; and
(b) both of the parties to the intended marriage are domiciled in the United Kingdom.
(4) In this Article "child of the family" has the same meaning as
(a) 1989 NI 4
in Article 18(2E) of the Order of 1984."(3) In Article 36(5)(a) (rules of court) and Article 40(1)(a) (meaning of court) after "Article 31" there shall be inserted "or 31A".
Maintenance enforcement
Orders for periodical payment in the High Court and divorce county courts
6.-(1) In Part VIII of the Judgments Enforcement (Northern Ireland) Order 1981( a), at the beginning there shall be inserted-
"Maintenance orders: means of payments
Maintenance orders in the High Court and divorce county courts: means of payment
96A.-(1) Where the High Court or a divorce county court makes a...
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