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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
© 1961 Crown Copyright
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