Legitimacy (Jersey) Law 1963

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Legitimacy (Jersey) Law 1963

Official Consolidated Version

This is an official version of consolidated legislation compiled and issued under the authority of the Legislation (Jersey) Law 2021.

 

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Legitimacy (Jersey) Law 1963

A LAW regarding the legitimation of children by the subsequent marriage of their parents and to legitimate the children of certain void marriages

Commencement [see endnotes]

1        Interpretation

In this Law, “disposition” means an assurance of any interest in property by any instrument whether inter vivos or by will.

2        Amendment of law regarding legitimation of children by subsequent marriage of parents

(1)     The fact that at the time of the conception of an illegitimate child there was any lawful impediment to the marriage of the father and the mother shall no longer be a bar to the legitimation of the child on the marriage of the father and the mother.

(2)     Subject to the provisions of paragraph (3), this Article applies in relation to children whether born before or after the commencement of this Law.

(3)     This Article does not affect any rights under the intestacy of a person who dies before the commencement of this Law and does not affect the operation or construction of any disposition coming into operation before the commencement of this Law.

3        Legitimacy of children of certain void marriages

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

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

(3)     This Article does not affect any rights under the intestacy of a person who dies before the commencement of this Law, and does not affect the operation or construction of any disposition coming into operation before the commencement of this Law.

(4)     In this Article, “void marriage” means a marriage, not being voidable only, in respect of which the Matrimonial Causes Division of the Royal 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 Jersey.

4        Citation

This Law may be cited as the Legitimacy (Jersey) Law 1963.


Endnotes

Table of Legislation History

Legislation

Year and No

Commencement

Legitimacy (Jersey) Law 1963

L.4/1963

16 July 1963

Marriage and Civil Status (Jersey) Law 2001

L.31/2001

1 May 2002 (R&O.13/2002)

Table of Renumbered Provisions

Original

Current

2(4)

repealed by L.31/2001

3(5)

spent, omitted from this revised edition

4(2)

spent, omitted from this revised edition

Table of Endnote References

There are currently no endnote references


Page Last Updated: 26 Sep 2021