Family Law Act 1986, Section 58 is up to date with all changes known to be in force on or before 08 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
(1)Where on an application [F1to a court] for a declaration under this Part the truth of the proposition to be declared is proved to the satisfaction of the court, the court shall make that declaration unless to do so would manifestly be contrary to public policy.
(2)Any declaration made under this Part shall be binding on Her Majesty and all other persons.
(3)[F2A] court, on the dismissal of an application for a declaration under this Part, shall not have power to make any declaration for which an application has not been made.
(4)No declaration which may be applied for under this Part may be made otherwise than under this Part by any court.
(5)No declaration may be made by any court, whether under this Part or otherwise—
(a)that a marriage was at its inception void;
F3(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)Nothing in this section shall effect the powers of any court to [F4make a nullity of marriage order].
Textual Amendments
F1Words in s. 58(1) inserted (1.4.2001) by 2000 c. 19, s. 83, Sch. 8 para. 7(a) (with s. 83(6)); S.I. 2001/774, art. 2(b)(c)
F2Word in s. 58(3) substituted (1.4.2001) by 2000 c. 19, s. 83, Sch. 8 para. 7(b) (with s. 83(6)); S.I. 2001/774, art. 2(b)(c)
F3S. 58(5)(b) repealed (1.4.2001) by 2000 c. 19, ss. 83(3), 85, Sch. 9 Pt. IX (with s. 83(6)); S.I. 2001/774, art. 2(b)-(d)
F4Words in s. 58(6) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 51(6) (with s. 8(6)); S.I. 2022/283, reg. 2
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