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Part V Family Law, 23 Declarations

Paul Torremans

From: Cheshire, North & Fawcett: Private International Law (15th Edition)

Uglješa Grušić, Christian Heinze, Louise Merrett, Alex Mills, Carmen Otero García-Castrillón, Zheng Sophia Tang, Katarina Trimmings, Lara Walker
Edited By: Paul Torremans, James J. Fawcett

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 25 May 2024

Choice of law clauses — Children — Legitimacy and adoption — Marriage

This chapter examines the power of the courts, both under their inherent jurisdiction and by statute, to make declarations as to marital status. For many years, the courts had statutory power to grant declarations of legitimacy, legitimation, and the validity of a marriage or whether the petitioner is a British subject. However, there was no power to declare the invalidity of a marriage by declaration: that had to be done in nullity proceedings. This chapter discusses the relevant provisions of Part III of the Family Law Act 1986 relating to declarations as to marital status; declarations of parentage, legitimacy, or legitimation; and declarations as to adoptions effected overseas. It also considers the relevant provisions of the Child Abduction and Custody Act 1985, Civil Partnership Act 2004, Marriage (Same Sex Couples) Act 2013, and Presumption of Death Act 2013.

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