The Marriage and Civil Partnership (Northern Ireland) (No. 2) Regulations 2020

Matrimonial Causes (Northern Ireland) Order 1978

37.—(1) The Matrimonial Causes (Northern Ireland) Order 1978(1) is amended as follows.

(2) In Article 13 (grounds on which a marriage is void), after paragraph (2) insert—

“(3) Paragraph (4) applies in the case of a marriage which results from the conversion, or purported conversion, of a civil partnership into a marriage—

(a) under Part 3 of the Marriage and Civil Partnership (Northern Ireland) (No. 2) Regulations 2020, or

(b) under Part 3 or 4 of the Marriage of Same Sex Couples (Conversion of Civil Partnership) Regulations 2014 where the civil partnership is a convertible Northern Ireland civil partnership as defined by regulation 2 of those Regulations.

(4) The marriage is void if (but only if) the civil partnership was void.”.

(3) After Article 14(2) insert—

“Marriage converted from a civil partnership: when voidable

14A.— (1) Paragraphs (2) and (3) apply in the case of a marriage which results from the conversion of a civil partnership into a marriage—

(a) under Part 3 of the Marriage and Civil Partnership (Northern Ireland) (No. 2) Regulations 2020, or

(b) under Part 3 or 4 of the Marriage of Same Sex Couples (Conversion of Civil Partnership) Regulations 2014 where the civil partnership is a convertible Northern Ireland civil partnership as defined by regulation 2 of those Regulations.

(2) Article 14 applies in relation to the marriage, but does so as if—

(a) paragraphs (a) and (b) were omitted,

(b) the reference in paragraph (c) to either party not validly consenting to the marriage were a reference to either party not validly consenting to the formation of the civil partnership, and

(c) a reference in paragraphs (d) to (h) to the time of the marriage were a reference to the time the civil partnership was formed.

(3) Article 16 applies in relation to the marriage as if—

(a) the reference in paragraph (1)(a) to having the marriage avoided were a reference to having the marriage avoided or (at times before the conversion) to obtaining a nullity order in respect of the civil partnership,

(b) a reference in paragraph (2), (4) or (5) to the date of the marriage were a reference to the date the civil partnership was formed, and

(c) the reference in paragraph (3) to the time of the marriage were a reference to the time the civil partnership was formed.”.

(1)

S.I. 1978/1045 (N.I. 15).

(2)

In Article 14, paragraph (d) was amended by S.I. 1986/595 (N.I. 4), and paragraphs (g) and (h) were inserted by the Gender Recognition Act 2004. In Article 16, paragraph (2) was substituted, and paragraphs (4) and (5) were inserted, by S.I. 1989/677 (N.I. 4), and amendments were made by the Gender Recognition Act 2004.