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LEGITIMACY ACT (NORTHERN IRELAND) 1961 - SECT 2

Legitimacy of children of certain void marriages.

2.(1) Subject to the provisions of this section, the child of a void marriage,
whether born before or after the commencement of this Act, shall be treated as
the legitimate child of his parents if at the time of the act of intercourse
resulting in the birth (or at the time of the celebration of the marriage if
later) both or either of the parties reasonably believed that the marriage was
valid.

(2) This section applies, and applies only, where the father of the child was
domiciled in Northern Ireland at the time of the birth or, if he died before
the birth, was so domiciled before his death.

(3) This section does not affect

(a)any rights under the intestacy of a person who died before the commencement
of this Act;

(b)the operation or construction of any disposition coming into operation
before the commencement of this Act; or

(c)the succession to any dignity or title of honour or the devolution of any
property limited by any disposition in such a way as to devolve with any
dignity or title of honour as nearly as the law permits.

(4) In this section the following expressions have the meanings hereby
assigned to them, that is to say

"void marriage" means a marriage, not being voidable only, in respect of which
the High Court has or had jurisdiction to grant a decree of nullity, or would
have or would have had such jurisdiction if the parties were domiciled in
Northern Ireland;

"disposition" has the same meaning as in the Legitimacy Act (Northern
Ireland), 1928.

Subs.(5) amends s.1 of 1868 c.20


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